Philippine Bar review · Question

Practice question: Procedural and Substantive Due Process

Multiple Choice Hard

Practice question

An entrepreneur challenges a city restriction on her lawful business. She received clear notice and a meaningful hearing, but claims the restriction has no rational connection to its stated public-welfare purpose and is unduly oppressive. The city answers that the hearing defeats every due process claim. Assume no separate procedural defect. Which analysis follows?
  1. A hearing makes the restriction substantively valid.
  2. The substantive challenge remains for judicial examination despite procedural compliance.
  3. The entrepreneur necessarily wins because regulation affects profits.
  4. The city has no power to regulate any lawful business.
  5. The court must disregard all public-welfare objectives.

Legal references

  • 1987 Constitution, Article III, section 1, https://lawphil.net/consti/cons1987.html
  • White Light Corporation v. City of Manila, G.R. No. 122846, January 20, 2009, Part III(B), https://lawphil.net/judjuris/juri2009/jan2009/gr_122846_2009.html

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