Philippine Bar review · Question

Practice question: Benevolent Neutrality and Conscientious Objection

Multiple Choice Hard

Practice question

A government employee requests an exemption based on a sincere religious practice burdened by a disciplinary rule. The State offers only general policy assertions, without demonstrating a compelling reason to deny this exemption or addressing less restrictive means. The tribunal says sincerity alone automatically exempts every believer from every law. Which is best under Escritor?
  1. The tribunal's universal exemption rule is correct
  2. The claimant must be assessed under the accommodation test; the State's stated showing is insufficient, but there is no universal immunity
  3. All public employment extinguishes free exercise
  4. A court must first choose the best religion
  5. The largest denomination decides the result

Legal references

  • Estrada v. Escritor, A.M. No. P-02-1651, June 22, 2006, main opinion: https://lawphil.net/judjuris/juri2006/jun2006/am_p-02-1651_2006.html

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