Philippine Bar review · Question

Practice question: Tests to Determine Validity of Governmental Regulation

Multiple Choice Medium

Practice question

A person admits that a challenged governmental rule creates no burden on her religious exercise and supplies no other free-exercise issue. She demands the State automatically prove every compelling-interest element solely because she filed a claim. Which is best?
  1. Filing alone conclusively establishes every threshold fact.
  2. Every law burdens every religion by definition.
  3. Escritor’s inquiry first asks whether governmental action has created the claimed religious burden; the admission cannot be ignored.
  4. The admission requires a court to endorse her theology.
  5. The Government is exempt from the Constitution in all cases.

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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