Philippine Bar review · Question

Practice question: Requisites for Valid Classification

Multiple Choice Hard

Practice question

A lawmaker cites Albano’s recognition that Congress may prescribe party-list nominee qualifications and argues that this makes every qualification immune from equal-protection review. The law then excludes a category with no substantial distinction or rational link to the stated purpose. Which analysis best follows the main decision?
  1. Power to legislate eliminates every constitutional limit
  2. Only COMELEC may create constitutional exceptions
  3. Legislative authority and validity of the particular classification are separate; the power does not immunize an arbitrary restriction
  4. Any qualification is invalid regardless of its content
  5. A sponsor’s confidence replaces the classification test

Legal references

  • Albano v. COMELEC, G.R. No. 257610 and UDK No. 17230, January 24, 2023, main decision: https://lawphil.net/judjuris/juri2023/jan2023/gr_257610_2023.html

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