Equal Protection Flashcards
What does the concept of equal protection require?
Equal protection requires that all persons or things similarly situated should be treated alike, both as to rights conferred and responsibilities imposed.
Similar subjects, in other words, should not be treated differently, so as to give undue favor to some and unjustly discriminate against others.
Does equal protection demand absolute equality among residents?
NO.
It does not demand absolute equality among residents; it merely requires that all persons shall be treated alike, under like circumstances and conditions both as to privileges conferred and liabilities enforced. The guarantee means that no person or class of persons shall be denied the same protection of laws which is enjoyed by other persons or other classes in like circumstances
[Ichong v. Hernandez, supra].
What is the scope of equal protection?
Natural and juridical persons
How does the equal protection extend artificial persons?
only insofar as their property is concerned
A corporation as an artificial person is protected under the Bill of Rights against denial of due process, and it enjoys the equal protection of the law
[Smith, Bell and Co., v. Natividad, supra].
A corporation is also protected against unreasonable searches and seizures
[See Stonehill v. Diokno, G.R. No. L-19550 (1967)].
What are the requisites for a valid classification?
The requisites for a valid classification in law are:
a. It must rest on substantial distinctions which make for real differences;
b. It must be germane to the purpose of the law;
c. It must not be limited to existing conditions only [Ormoc Sugar Co. v. Treasurer of Ormoc City G.R. No. L-23794 (1968)];
d. It must apply equally to all members of the same class [People v. Cayat, G.R. No. L-45987 (1939)].
What is the presumtion on classifications made by law?
Presumption of Validity
All classifications made by law are generally presumed to be valid unless shown otherwise by petitioner
[Lacson v. Executive Secretary, G.R. No. 128096 (1999)].
What is the general rule on legislative classification based on origin, race, or parentage?
The general rule is that a legislative act may not validly classify the citizens of the State on the basis of their origin, race or parentage.
What is the exception on the general rule on legislative classification based on origin, race, or parentage?
a. In times of great and imminent danger, such as a threatened invasion or war, such a classification is permitted by the Constitution when the facts so warrant (e.g. discriminatory legislation against Japanese citizens during WWII).
b. The political rights of aliens do not enjoy the same protection as that of citizens.
c. Statutes may validly limit to citizens exclusively the enjoyment of rights or privileges connected with the public domain, the public works, or the natural resources of the State. The rights and interests of the state in these things are not simply political but also proprietary in nature; and so the citizens may lawfully be.
What is the three-level review in whether the state was justified in making a classification?
a. Rational Basis Test
b. Intermediate Scrutiny Test
c. Strict Scrutiny Test
What is the requisite for a valid classification under the Rational Basis Test?
The classification should bear a reasonable relation to the government’s purpose or legitimate state interest
When is the Rational Basis Test important?
This test is important when there is no plausible difference between the disadvantaged class and those not disadvantaged, and
when the government attaches a morally irrelevant and negative significance to a difference between the advantaged and the disadvantaged.
What is the requisite for a valid classification under the Intermediate Scrutiny Test?
Government must show that the challenged classification serves an important state interest and that the classification is at least substantially related to serving that interest. Applicable to certain sensitive but not suspect classes; certain important but not fundamental interest.
Court accepts the articulated purpose of the legislation, but it closely scrutinizes the relationship between the classification and the purpose based on a spectrum of standards, by gauging the extent to which constitutionally guaranteed rights depend upon the affected individual interest.
When is The Strict Scrutiny Test to government classification?
A legislative classification which impermissibly interferes with the exercise of a fundamental right or operates to the peculiar disadvantage of a suspect class is presumed unconstitutional.
The burden is upon the government to prove that the classification is necessary to achieve a compelling state interest and that it is the least restrictive means to protect such interest. It is applied when the classification has a “suspect basis”.
What are “suspect classes”?
A classification that violates a fundamental right, or prejudices a person accorded special protection by the Constitution [Serrano v. Gallant, supra]. May therefore include a classification based on income.
When is the Strict Scrutiny Test usually applied?
This test is usually applied to cases involving classifications based on race, national origin, religion, alienage, denial of the right to vote, migration, access to courts, and other rights recognized as fundamental.
