ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.

Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija

CRIMINOLOGY DEPARTMENT

HUMAN RIGHTS LAW

1st Semester A.Y. 2020-2021

MODULE 6

Learning Objectives:
At the end of the module 3, you should able to:
1. Learn the basic concept of equal protection of the law;

EQUAL PROTECTION OF THE LAW

The equality that it guarantees is legal equality or the equality
of all persons before the law. It does not demand absolute
equality. It merely requires that all persons shall be treated
alike, under like circumstances and conditions both as to
privileges conferred and liabilities enforced.

Requisites for valid classification for purposes of the equal

protection clause

The classification must:

a. Rest on SUBSTANTIAL DISTINCTIONS

b. Be GERMANE to the purposes of the law
c. NOT LIMITED TO EXISTING CONDITIONS only
d. APPLY EQUALLY to all members of the SAME CLASS.

The equal protection of the law is embraced in the concept of

due process, as every unfair discrimination offends the
requirements of justice and fair play. It has nonetheless been
embodied in a separate clause in Article III, Sec. 1, of the
Constitution to provide for a more specific guaranty against any
form of undue favoritism or hostility from the government.
ARBITRARINESS in general may be challenged on the basis of the
due process clause. But if the particular act assailed partakes
of an UNWARRANTED PARTIALITY or PREJUDICE, the sharper weapon to
cut it down is the equal protection clause.

According to a long line of decisions, EQUAL PROTECTION simply

requires that all persons or things SIMILARLY SITUATED should be

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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.

The equal protection clause does not require the universal

application of the laws on all persons or things without
distinction. This might in fact sometimes result in unequal
protection, as where, for example, a law prohibiting mature books
to all persons, regardless of age, would benefit the morals of
the youth but violate the liberty of adults. What the clause
requires is equality among equals as determined according to a
valid classification. By classification is meant the grouping of
persons or things similar to each other in certain particulars
and different from all others in these same particulars.
(Philippine Judges Association v. Prado, 227 SCRA 703, 711-712,
Nov. 11, 1993, En Banc [Cruz])

The equal protection clause exists to prevent undue favor or

privilege. It is intended to eliminate discrimination and
oppression based on inequality. Recognizing the existence of real
difference among men, the equal protection clause does not demand
absolute equality. It merely requires that all persons shall be
treated alike, under like circumstances and conditions both as to
the privileges conferred and liabilities enforced. Thus, the
equal protection clause does not absolutely forbid
classifications x x x. If the classification is (1) based on REAL
and SUBSTANTIAL DIFFERENCES ; (2) is GERMANE TO THE PURPOSE OF
THE LAW ; (3) APPLIES TO ALL MEMBERS OF THE SAME CLASS ; and (4)
APPLIES TO CURRENT AS WELL AS FUTURE CONDITIONS , the
classification may not be impugned as violating the
Constitution's equal protection guarantee. A distinction based on
real and reasonable considerations related to a proper
legislative purpose x x x is neither unreasonable, capricious nor
unfounded. (Himagan v. People, 237 SCRA 538, Oct. 7, 1994, En
Banc [Kapunan])

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 ST. ELIZABETH GLOBAL SKILLS INSTITUTE, INC.
Esguerra Dist., Maharlika Highway, Talavera, Nueva Ecija
CRIMINOLOGY DEPARTMENT

ACTIVITY NO. 6

NAME:__________________________________ RATING:________________
SECTION:_________ DATE:__________ PROFESSOR:___________________

INSTRUCTION. Answer the following questions briefly. Utilization

of additional sheet of paper if necessary is permissible. (10 pts
each)

1. Explain the concept of equal protection of laws.

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2. What is meant by equality among equals?

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