Philippine Bar review · Question

Practice question: Tests to Determine Validity of Governmental Regulation

Multiple Choice Medium

Practice question

A purportedly neutral rule serves an important interest and is narrowly drawn, but the regulator concedes it lacks the constitutional power to issue it. Is the policy’s usefulness alone enough under the four-part test?
  1. Yes, usefulness creates constitutional authority.
  2. No; the constitutional-power component remains independently required.
  3. Yes, if every official favors it.
  4. Yes, because neutrality repeals all jurisdictional limits.
  5. No, because important interests are never relevant.

Legal references

  • Diocese of Bacolod v. COMELEC, G.R. No. 205728, January 21, 2015, main decision: https://lawphil.net/judjuris/juri2015/jan2015/gr_205728_2015.html

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