Philippine Bar review · Question

Practice question: Tests to Determine Validity of Governmental Regulation

Multiple Choice Medium

Practice question

An agency rejects a supported religious-exemption claim solely because the claimant belongs to a small and unfamiliar faith. It makes no inquiry into sincerity, burden, or the government's justification. Is unfamiliarity alone an adequate constitutional analysis?
  1. No; the claim requires the relevant free-exercise inquiry rather than a popularity test.
  2. Yes; minority faiths receive no protection.
  3. Yes; officials may recognize only their own religion.
  4. No; every asserted belief must automatically defeat every law.
  5. Yes; the number of adherents conclusively determines sincerity.

Legal references

  • 1987 Constitution, Article III, section 5, https://lawphil.net/consti/cons1987.html
  • Estrada v. Escritor, A.M. No. P-02-1651, June 22, 2006 Resolution, https://lawphil.net/judjuris/juri2006/jun2006/am_p-02-1651_2006.html
  • Imbong v. Ochoa, G.R. No. 204819 et al., April 8, 2014, religious freedom discussion, https://lawphil.net/judjuris/juri2014/apr2014/gr_204819_2014.html

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