MODULE 14 - EQUAL PROTECTION OF THE LAWS
suspended until the termination of a criminal case against
I. Definition, Concept, Purpose (BUDUHAN)
What is Equal Protection of the Laws?
Persons protected: All persons or things similarly situated
should be treated alike, both as to rights conferred and
responsibilities imposed. Natural and juridical persons are
entitled to this guarantee; but with respect to artificial
persons, they enjoy the protection only insofar as their
property is concerned.  legal truism of "equal pay for equal work." Persons who
Purpose: The equal protection of the law clause is against
undue favor and individual or class privilege, as well as
hostile discrimination or the oppression of inequality. It is
not intended to prohibit legislation which is limited either
in the object to which it is directed or by territory within
which it is to operate.
Constitution: ARTICLE III. Section 1. No person shall be
deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of
the laws.
II. Scope of Equality
What is the Scope of Equality? (ESPERANZA)
a) Economic.  COMELEC denied the application for accreditation on the
 Free access to courts [Sec. 11, Art. Ill]
 Congress may reserve certain areas of
investments [Sec. 2, par. 2, and Sec. 10, Art.
XII];
 Nationalization of Business [Sec 10, Article XII]
 Reduction of social, economic and political
inequities [Secs. 1, 2 and 3, Art. XIII]
b) Political.  SUGGESTED ANSWER: (1) Strict Scrutiny, Intermediate
 Free access to courts [Sec. 11, Art. Ill];  Scrutiny and Rational Basis(answered by the former
 Protection of Candidates[Sec. 10, Art. IX-C];  presenter)
 Reduction of social, economic and political
inequities [Sec. 1, Art. XIII]
 Equality of women and men [Sec. 14, Art. XIV]
c) Social
 Art. XIII, Sec. 1 and 2 (social justice)
 Art. XIII, Sec. 3 (protection to labor)
III. Applicability, Substantial Distinctions, Discrimination and
Classification of Persons Protected 
What are valid classifications? (RUIZ)
Valid Classification. Persons or things ostensibly similarly
situated may, nonetheless, be treated differently if there is a
basis for valid classification. The requisites are:
a) Substantial distinctions which make for real differences
b) Germane to the purpose of the law
c) Not limited to existing conditions only
d) Must apply equally to all members of the same class
IV. Judicial Standards of Review
What are the Levels of Scrutiny? (UBERTO)
a) Strict Scrutiny
b) Intermediate Scrutiny Test
c) Rational Basis Test
V. Bar Questions
1. The equal protection clause is violated by
______________. (1%) (Name or Presenter)
(A) a law prohibiting motorcycles from plying on limited
access highways. 
(B) a law granting Value Added Tax exemption to electric
cooperatives that sell electricity to the “homeless poor.” 
(C) a law providing that a policeman shall be preventively
him. 
(D) a law providing higher salaries to teachers in public
schools who are “foreign hires.” 
(E) a law that grants rights to local Filipino workers but
denies the same rights to overseas Filipino workers. 
BASIS: School Alliance of Educators vs. Quisumbing
[G.R. No. 128845, June 1, 2000]
It is institutionalized in this jurisdiction the long honored
work with substantially equal qualifications, skill, effort
and responsibility, under similar conditions, should be paid
similar salaries. This rule applies to the School, its
"international character" notwithstanding. While we
recognize the need of the School to attract foreign-hires,
salaries should not be used as an enticement to the
prejudice of local-hires. The local-hires perform the same
services as foreign-hires and they ought to be paid the same
salaries as the latter. In fine, there is no reasonable
distinction between the services rendered by foreign-hires
and local-hires. The practice of the School of according
higher salaries to foreign-hires contravenes public policy.
2. The Gay, Bisexual and Transgender Youth Association
(GBTYA), an organization of gay, bisexual, and
transgender persons, filed for accreditation with the
COMELEC to join the forthcoming party-list elections. The
ground that GBTY A espouses immorality which offends
religious dogmas. GBTY A challenges the denial of its
application based on moral grounds because it violates its
right to equal protection of the law. (I) What are the three
(3) levels of test that are applied in equal protection cases?
Explain. (3%) (2) Which of the three (3) levels of test
should be applied to the present case? Explain. (3%) (Name
of Presenter)
(2) The Rational Basis Test will apply. If a law neither
burdens a fundamental right nor targets a suspect class, the
classification will be upheld as long as it bears a rational
relationship to some legitimate government end. Following
the rational basis test, the legislative classification will be
respected and the law is upheld unless there is showing of a
clear and unequivocal breach of the Constitution. Herein,
the COMELEC espouses immorality as a ground for denial
of the application. However, such classification has no
basis as no law exists showing such a classification, nor is
there a legitimate state interest being furthered that would
justify a rational basis review, other than discriminating
against a disfavored group.
CASE: Ang Ladlad LGBT Party v COMELEC [GR
190582  April 8, 2010]
(Wala ako mahanap na suggested answer - paki double
check na lang po haha)