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Rational basis review is not a genuine effort to determine the legislature's actual reasons for enacting a statute, nor to inquire into whether a statute does in fact further a legitimate end of government. A court applying rational basis review will virtually always uphold a challenged law unless every conceivable justification for it is a ...
English: Republic Act No. 11363 (An Act Establishing the Philippine Space Development and Utilization Policy and Creating the Philippine Space Agency, and for Other Purposes) PDF file on the Official Gazette of the Republic of the Philippines website, signed by President Rodrigo Duterte on August 8, 2019
Holding; Possessing an intellectual disability is not a quasi-suspect classification calling for a heightened level of scrutiny, but nevertheless, the requirement of a special use permit for a proposed group home for people with intellectual disabilities violated the Equal Protection Clause of the Fourteenth Amendment because no rational basis for the discriminatory classification could be ...
The Insular Cases have also been criticized for having been inconsistent in application between the two largest insular territories, the Philippines and Puerto Rico. Puerto Rico was seen as "an important geo-strategic asset" [ 27 ] for emerging U.S. imperialism and a gateway to Latin America, while insular control over the Philippines was a ...
As early as 1936, the Philippine Supreme Court had unequivocally asserted its constitutional authority to engage in judicial review. This power was affirmed in the Supreme Court decision in Angara v. Electoral Commission, 63 Phil. 139 (1936).
The term was first used explicitly in 1930s legal casebooks as a categorical distinction of selected due process cases, and by 1952 Supreme Court opinions had mentioned it twice. [4] The term "substantive due process" itself is commonly used in two ways: to identify a particular line of case law and to signify a particular political attitude ...
After a month in office, President Benigno Aquino III issued Executive Order No. 1 (E.O. 1) on July 30, 2010, creating the Philippine Truth Commission (PTC). The PTC was tasked to conduct a thorough fact-finding investigation of reported cases of graft and corruption involving third level public officers during the administration of Aquino's predecessor Gloria Macapagal Arroyo, and thereafter ...
In the Philippines, amparo and habeas data are prerogative writs to supplement the inefficacy of the writ of habeas corpus (Rule 102, Revised Rules of Court). Amparo means 'protection,' while habeas data is 'access to information.' [1] Both writs were conceived to solve the extensive Philippine extrajudicial killings and forced disappearances since 1999.