Philippine Bar review · Question

Practice question: Police Power

Multiple Choice Medium Jurisprudence

Practice question

A city defends an ordinance solely by saying that police power is presumed valid. The challengers have established that its mandatory restriction has no reasonable connection to the stated health objective. Is the presumption conclusive?
  1. Yes, because proof cannot overcome the presumption.
  2. Yes, because health is mentioned.
  3. No; the proven absence of a reasonable connection remains a substantive defect.
  4. Yes, if officials acted sincerely.
  5. No, because every police measure is presumed unconstitutional.

Legal references

  • White Light Corporation v. City of Manila, G.R. No. 122846, January 20, 2009, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/48715

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