BOR Equal Protection

Question 1

What is the Concept of Equal Protection

Answer 1

All persons or things similarly situated should be
treated alike, both as to rights conferred and
responsibilities imposed. I

Question 2

What are the REQUISITES FOR VALID CLASSIFICATION

Answer 2

The classification must (S-G-Ex-A)

1. Rest on Substantial distinctions;
2. Be Germane to the purpose of the law;
3. Not be limited to Existing conditions only; and
4. Apply equally to all members of the same class

Question 3

In the VAWC case on Equal Protection, discuss the ff pts.

1. Substantial distinction
2. Germane to the purpose of the law
3. singles out the husband or father as the
   culprit

Answer 3

1. Substantial distinction- unequal power relationship
2. Germane to the purpose of the law- The distinction
   between men and women is germane to the purpose
   of R.A. No. 9262, which is to address violence
   committed against women and children
3. Clearly,
   the use of the gender-neutral word “person” who
   has or had a sexual or dating relationship with the
   woman encompasses even lesbian relationships

Question 4

Sec. 5.23 of the Reproductive Health Law-IRR
provides that skilled health professional such as
provincial, city or municipal health officers,
chiefs of hospital, head nurses, supervising
midwives cannot be considered as conscientious
objectors. Is this provision unconstitutional?

Answer 4

The conscientious objection
clause should be equally protective of the religious
belief of public health officers. There is no
perceptible distinction why they should not be
considered exempt from the mandates of the law.

Question 5

BSP
Employees Association filed a petition to
prohibit the BSP from implementing the
provision of the Act for they were illegally
discriminated against when they were placed
within the coverage of the SSL. Was there a
violation of the equal protection clause of the
Constitution?

Answer 5

For, as regards the exemption from the
coverage of the SSL, there exists no substantial
distinction so as to differentiate the BSP rank-andfile from the other rank-and-file of other GFIs.

The challenged provision of the New Central Bank Act
was facially neutral insofar as it did not differentiate
between the rank-and-file employees of the BSP and
the rank-and-file employees of other GFIs, and yet
its effects, when taken in light of the exemption of
the latter employees from the SSL, were
discriminatory.

Question 6

RATIONAL BASIS
TEST

Answer 6

Applies to legislative
classifications in
general, such as those
pertaining to
economic or social
legislation, which do
not affect fundamental
rights of suspect
classes; or is not based
on gender or
illegitimacy.

Question 7

RATIONAL BASIS
TEST-Legislative purpose

Answer 7

Legislative purpose
must be legitimate

Question 8

RBT- Classification in relation to legislative purpose.

Answer 8

Classification must be
rationally related to
the legislative
purpose.

Question 9

Intermediate Scrutiny-

Answer 9

Legislative Classification is based on gender or illegitimacy

Question 10

Imm Scrutiny in relation to legislative purpose

Answer 10

Must be important

Question 11

Imm Scrutiny in Relation of classification as to purpose

Answer 11

“substantially related” to the legislative purpose

Question 12

Strict Scrutiny

Answer 12

Applies to legislative
classifications affecting
fundamental rights or
suspect classes.

Question 13

SS in relation to legislative purpose

Answer 13

LP must be compelling

Question 14

Strict Scrutiny in Relation of classification as to purpose

Answer 14

Classification must be
“necessary and
narrowly tailored” to
achieve the legislative
purpose