Log In Create Account

Philippine Bar review · Question

Practice question: Rational Basis Test

Multiple Choice Medium Jurisprudence

Practice question

An ordinary commercial ordinance requires more frequent inspection of bulk chemical depots than stationery shops. Evidence establishes greater spill risks at the depots and a reasonable relation between inspections and risk reduction. No heightened-scrutiny issue exists. Under rational-basis review, which conclusion is best?
  1. The classification fails merely because the two businesses receive different treatment
  2. The classification fails unless inspections eliminate every possible spill
  3. The classification fails because safety is never a legitimate interest
  4. The classification satisfies the stipulated legitimate-interest and rational-connection requirements
  5. The classification is valid only if every shop receives the same inspections

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

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