Philippine Bar review · Question

Practice question: Tests to Determine Validity of Governmental Regulation

Multiple Choice Medium

Practice question

A claimant establishes a sincere governmental burden but officials refuse any constitutional exemption inquiry solely because no statute expressly grants an exception. Under Escritor, which is correct?
  1. Only legislative exemptions are ever legally possible.
  2. The Free Exercise Clause may itself support accommodation after the governing test is applied.
  3. The claimant automatically invalidates the entire statute.
  4. A private employer may amend the Constitution.
  5. The court must determine which faith is true instead.

Legal references

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

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