7. Can we apply the principle of ‘void for vagueness’?Void for vagueness means a law can be invalidated because it is not clear.
Associate Justice Francis Jardeleza said that because there is dispute in the real and practical meaning of the word “neutralizeâ€, then it can be considered vague.
“But I think you have something here, you have a situation where a government circular according to you contains vague terms which can be interpreted to mean a license or authority to kill and you’re saying that in effect, it’s unconstitutional,†Jardeleza said.
Jardeleza explained that the “classical†application of void for vagueness is in the context of freedom of speech, or when somebody is already convicted. He also said that petitioners can wait for a time where a killing incident directly tackles what “neutralize†means although he said “that can take time.â€
“What bothers me is that more than freedom of speech, this is lives, more than the conviction of somebody, this is about lives,†Jardeleza said.
COMMUNITY. Families of drug war victims in San Andres Bukid and nuns of the Religious of the Good Shepherd watch the oral arguments at the Supreme Court. Photo by Ben Nabong/Rappler
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