Philippine Bar review · Question

Practice question: Equal Protection

Multiple Choice Hard

Practice question

A prosecutor defends a classification burdening a fundamental constitutional liberty solely by saying any conceivable administrative convenience ends the case. The accused specifically invokes the fundamental-right trigger. Which first analytical step follows the cited framework?
  1. Select the applicable level of scrutiny in light of the right burdened before treating ordinary rational-basis reasoning as conclusive
  2. Assume every penal classification is immune
  3. Ignore the right because a legislature acted
  4. Use only the number of words in the statute
  5. Conclude all classifications are invalid without analysis

Legal references

  • Albano v COMELEC GR257610/UDK17230 January24,2023 ENBANC MAIN, levels of scrutiny: https://lawphil.net/judjuris/juri2023/jan2023/gr_257610_2023.html General equal-protection scrutiny framework; not importing election facts into criminal liability.
  • 1987 Constitution ArticleIII Sections1,14,22: https://lawphil.net/consti/cons1987.html

Answer this question in flashcards to review your response and continue practicing.