Practice question
A commercial permit law charges a higher fee solely to businesses assigned odd registration numbers. The record excludes every administrative, risk, cost or other reasonable justification for that difference. The government invokes inspection funding but concedes that parity has no relation to inspection cost. Under rational-basis review, what is the defect?
- The classification lacks a reasonable connection to the asserted legitimate interest
- Inspection funding can never be legitimate
- Every permit fee is unconstitutional
- Odd numbers are a suspect class that necessarily triggers strict scrutiny
- The government's use of the word funding automatically ends review
Legal references
- 1987 Constitution, Article III, Section 1, equal protection: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353
- Chamber of Customs Brokers, Inc. v. Commissioner of Customs, G.R. No. 256907, February 20, 2023, main decision, rational-basis review of economic legislation: https://lawphil.net/judjuris/juri2023/feb2023/gr_256907_2023.html
- Albano v. COMELEC, G.R. No. 257610 and UDK No. 17230, January 24, 2023, main decision, legitimate interest and reasonable connection under rational-basis review: https://lawphil.net/judjuris/juri2023/jan2023/gr_257610_2023.html
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