3/30/2021
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An act will be declared void and inoperative on the ground of vagueness and
uncertainty, only upon a showing that the defect is such that the courts are
unable to determine, with any reasonable degree of certainty, what the
legislature intended. x x x. In this connection we cannot pretermit reference
to the rule that "legislation should not be held invalid on the ground of
uncertainty if susceptible of any reasonable construction that will support
and give it effect. An Act will not be declared inoperative and ineffectual on
the ground that it furnishes no adequate means to secure the purpose for
which it is passed, if men of common sense and reason can devise and
provide the means, and all the instrumentalities necessary for its execution
are within the reach of those intrusted therewith."[25]
That Section 13 (b) encompasses what appellant apparently considers as customary
and harmless acts such as " labor or employment referral" ("referring" an applicant,
according to appellant, for employment to a prospective employer) does not render the
law overbroad. Evidently, appellant misapprehends concept of overbreadth.
A statute may be said to be overbroad where it operates to inhibit the exercise of
individual freedoms affirmatively guaranteed by the Constitution, such as the freedom
of speech or religion. A generally worded statute, when construed to punish conduct
which cannot be constitutionally punished is unconstitutionally vague to the extent that
it fails to give adequate warning of the boundary between the constitutionally
permissible and the constitutionally impermissible applications of the statute.[26]
In Blo Umpar Adiong vs. Commission on Elections,[27] for instance, we struck down as
void for overbreadth provisions prohibiting the posting of election propaganda in any
place - including private vehicles - other than in the common poster areas sanctioned
by the COMELEC. We held that the challenged provisions not only deprived the owner
of the vehicle the use of his property but also deprived the citizen of his right to free
speech and information. The prohibition in Adiong, therefore, was so broad that it
covered even constitutionally guaranteed rights and, hence, void for overbreadth. In
the present case, however, appellant did not even specify what constitutionally
protected freedoms are embraced by the definition of "recruitment and placement" that
would render the same constitutionally overbroad.
Appellant also invokes the equal protection clause[28] in her defense. She points out
that although the evidence purportedly shows that Jasmine Alejandro handed out
application forms and even received Lourdes Modesto's payment, appellant was the
only one criminally charged. Alejandro, on the other hand, remained scot-free. From
this, appellant concludes that the prosecution discriminated against her on grounds of
regional origins. Appellant is a Cebuana while Alejandro is a Zamboangueña, and the
alleged crime took place in Zamboanga City.
The argument has no merit.
At the outset, it may be stressed that courts are not confined to the language of the
statute under challenge in determining whether that statute has any discriminatory
effect. A statute nondiscriminatory on its face may be grossly discriminatory in its
https://elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/49893
12/20