Facial challenge doctrine.

See - 204819.pdf





"x x x.



Facial Challenge



The OSG also assails the propriety of the facial challenge lodged by the subject petitions, contending that the RH Law cannot be challenged "on its face" as it is not a speech regulating measure. 105



The Court is not persuaded. In United States (US) constitutional law, a facial challenge, also known as a First Amendment Challenge, is one that is launched to assail the validity of statutes concerning not only protected speech, but also all other rights in the First Amendment. 106 These include religious freedom,

freedom of the press, and the right of the people to peaceably assemble, and to petition the Government for a redress of grievances. 107_After all, the fundamental right to religious freedom, freedom of the press and peaceful assembly are but component rights of the right to one's freedom of expression, as they are modes which one's thoughts are externalized.

In this jurisdiction, the application of doctrines originating from the U.S. has been generally maintained, albeit with some modifications. While this Court has withheld the application of facial challenges to strictly penal statues, 108 it has expanded its scope to cover statutes not only regulating free speech, but also those involving religious freedom, and other fundamental rights. 109 The underlying reason for this modification is simple. For unlike its counterpart in the U.S., this Court, under its expanded jurisdiction, is mandated by the Fundamental Law not only to settle actual controversies involving rights which are legally demandable and enforceable, but also to determine whether or not there has been a grave 

abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.110 Verily, the framers of Our Constitution envisioned a proactive Judiciary, ever vigilant with its duty to maintain the supremacy of the Constitution. 

x x x."