Philippine Bar review · Question

Practice question: Tests to Determine Validity of Governmental Regulation

Multiple Choice Hard

Practice question

A licensing rule uses neutral words, but the adjudicated facts establish that its operative criterion is whether a speaker opposes a particular tax policy. Identical conduct by supporters is permitted. Officials demand intermediate review solely because the document says crowd safety. Which is best?
  1. A neutral title always determines the tier.
  2. Every licensing restriction is beyond judicial review.
  3. Officials’ characterization is conclusive even against the stipulated facts.
  4. The actual message-dependent operation must be examined; the safety label alone does not establish genuine content neutrality.
  5. Political expression has no constitutional protection.

Legal references

  • Chavez v. Gonzales, G.R. No. 168338, February 15, 2008, main decision: https://lawphil.net/judjuris/juri2008/feb2008/gr_168338_2008.html
  • Diocese of Bacolod v. COMELEC, G.R. No. 205728, January 21, 2015, main decision: https://lawphil.net/judjuris/juri2015/jan2015/gr_205728_2015.html

Answer this question in flashcards to review your response and continue practicing.