In The Province of North Cotabato v. The Government of the Republic of the
Philippines,103 where the constitutionality of an unimplemented Memorandum of Agreement
on the Ancestral Domain (MOA-AD) was put in question, it was argued that the Court has no
authority to pass upon the issues raised as there was yet no concrete act performed that
could possibly violate the petitioners' and the intervenors' rights. Citing precedents, the
Court ruled that the fact of the law or act in question being not yet effective does not negate
ripeness. Concrete acts under a law are not necessary to render the controversy ripe. Even a
singular violation of the Constitution and/or the law is enough to awaken judicial duty.
In this case, the Court is of the view that an actual case or controversy exists and that the
same is ripe for judicial determination. Considering that the RH Law and its implementing
rules have already taken effect and that budgetary measures to carry out the law have
already been passed, it is evident that the subject petitions present a justiciable controversy.
As stated earlier, when an action of the legislative branch is seriously alleged to have
infringed the Constitution, it not only becomes a right, but also a duty of the Judiciary to
settle the dispute.104
Moreover, the petitioners have shown that the case is so because medical practitioners or
medical providers are in danger of being criminally prosecuted under the RH Law for vague
violations thereof, particularly public health officers who are threatened to be dismissed
from the service with forfeiture of retirement and other benefits. They must, at least, be
heard on the matter NOW.
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