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All Jurisprudence based

0 tracked cards Criminal Law

Ordinance No. 2010-12 of the City of Amihan provides: "It shall be unlawful to possess unregistered drones within city limits. A violator shall be punished by imprisonment for 3 months to 2 years. This section shall not apply to the City Mayor, his spouse, and those acting under his direct orders." (a) Identify the controlling doctrine this prompt tests and briefly state the governing rule. (b) Distinguish Generality from related concepts (vagueness, overbreadth, and equal protection concerns). (c) Apply the doctrine to the facts and decide whether the ordinance complies with the Generality principle, explaining why or why not and what the likely remedy would be if it does not.

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It violates overbreadth because prohibiting possession of any drone, including harmless or authorized uses, sweeps too broadly; remedy: narrow the scope to unregistered drones used for prohibited purposes. It violates equal protection because it creates a privileged class (the Mayor and his circle); the remedy is to strike the exemption or extend the penalty to all within the city. It is not a valid exercise of police power because drone regulation is beyond the city's local regulation; remedy: nullity of ordinance. It violates the Generality principle; the carve-out for the City Mayor, his spouse, and those acting under his orders destroys universal applicability; the remedy is to strike the exemption so the penalty applies to all within city limits.

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