Philippine Bar review · Question

Practice question: Strict Scrutiny Test

Multiple Choice Hard Jurisprudence

Practice question

An ordinance substantially restricts minors' exercise of a fundamental right. In litigation, the city requests rational-basis review solely because affected persons are under eighteen. It offers evidence relevant to child welfare but refuses to explain the breadth of its restrictions. Which approach follows SPARK?
  1. Apply strict scrutiny; minority may inform the compelling-interest and tailoring analysis but does not by itself lower the level of review.
  2. Apply no constitutional review to minors.
  3. Apply rational basis automatically whenever children are affected.
  4. Hold the ordinance valid solely because its purpose mentions welfare.
  5. Invalidate it without examining either interest or means simply because minors are involved.

Legal references

  • SPARK v. Quezon City, G.R. No. 225442, August 8, 2017, main decision, strict scrutiny: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/63300

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