EQUAL

PROTECTION OF
THE LAWS
Meaning of equal protection of the laws

 Section 1 further states: “Nor shall any person be denied the equal protection of
the laws.”
 Equal protection of the laws signifies that “all persons subject to legislation
should be treated alike, under like circumstances and conditions both in the
privileges conferred and liabilities imposed.”
 The guarantee exists to prevent undue favor or privilege to some and unjust
discrimination against others when similar subjects are treated differently. It
does not require that persons or things different in fact or circumstances be
treated in law as they were the same.
Scope of the guarantee
1. Protects the rights to life, liberty, and property. It is a restraint on all the organs of
the government and on the subordinate instrumentalities and subdivisions thereof,
and on the three inherent powers of the government. (People vs. Vera, 65 Phil. 56
[1937].)
2. Available to all persons.
3. Extends only to civil rights.
4. Not intended to enforce social equality.
5. The guarantee is intended as a safeguard against acts of the State and does not
extend to discrimination by private individuals unless the discrimination is aided
or supported by State action. It does not add anything to the rights which one
citizen has against another under the constitution.
A guarantee of equality of rights and in
application of law.
 Equality of rights – The prohibition guarantees equality, not identity, of rights. It
does not require absolute equality under all circumstances. It does not preclude
classification by law. What is forbids are distinctions based on impermissible
criteria unrelated to a proper legislative purpose.
 Equality in application law – It is not enough, however, that a law guarantees
equality. It is also required that it be applied equally. Thus, a law may appear to
be fair on its face and impartial on appearance, but, if it is administered “with an
evil eye and an uneven hand” or even without actual denial of equal protection,
yet, if it permits of unjust discrimination, there is violation of the constitutional
prohibition.
Legislative discretion as to
classifications.
The power of the legislature to make distinctions and classifications among
persons is not curtailed or denied by the equal protection of the laws guarantee.
1. The legislative power admits of a wide scope of discretion (particularly in the
field of taxation), and a law can be violative of the constitutional limitation
only when the classification is without reasonable basis, and, therefore, is
purely arbitrary.
2. A classification having some reasonable basis does not offend against that
guarantee merely because it is not made with mathematical nicety, or because
in practice it results in some inequality.
Legislative discretion as to
classifications.
The power of the legislature to make distinctions and classifications among
persons is not curtailed or denied by the equal protection of the laws guarantee.
3. When the classification is such a law is called in question, if any state of facts
reasonably can be conceived that would sustain it, the existence of that state of
facts at the time the law was enacted must be assumed.
4. One who assails the classification in such a law must carry the burden of
showing that id does not rest upon any reasonable basis, but is essentially
arbitrary.
Legislative discretion as to
classifications.
The power of the legislature to make distinctions and classifications among
persons is not curtailed or denied by the equal protection of the laws guarantee.
5. The courts cannot require the legislature to specify its reasons for
classification, but they will always presume that the legislature acted on the
legitimate ground of distinction if any such ground exists.
Legislative discretion as to
classifications.
The power of the legislature to make distinctions and classifications among
persons is not curtailed or denied by the equal protection of the laws guarantee.
6. The protection does not require Congress to deal with all evils or problems of
the same kind or none at all. It does not mean that all occupations called by
the same must be treated the same way. The State may do what it can to
prevent which is deemed as evil and stops short of those cases in which harm
to the few concerned is not less that harm to the public.
Requirement of reasonableness in
classification.
The equal protection guarantee is directed principally against undue favor and individual or class
privilege. It does not absolutely forbid or preclude classifications by law.
1. Where there are reasonable grounds for so doing, persons or their properties may be classified
or grouped into classes to each f which special legal rights or liabilities may be attached. No
violation is committed when one class is treated and regulated differently from another so long
as the classification is reasonable or based on substantial differences in relation to the object to
be accomplished, and those within the specified class are treated alike. The presumption is that
every classification made by law is reasonable.
2. A law is not invalid simply because of simple inequality.
Requirement of reasonableness in
classification.
The equal protection guarantee is directed principally against undue favor and individual or class
privilege. It does not absolutely forbid or preclude classifications by law.
3. The limited application of a statute, either in the object to which it is directed or by the territory
within which it is to operate, does not necessarily violate the guarantee of equal protection of
the laws. It is sufficient, for purposed of complying with this constitutional mandate, that the
classification by reasonable, not arbitrary or capricious, although the law may apply only on
some and not all of the subject thereof.
When classification considered
reasonable
REQUISITES:
1. It must be based on substantial or material distinctions which make
real differences;
2. It must be germane to the purpose or purposes of the law;
3. It must apply equally to existing and future conditions; and
4. It must apply equally to all members of the same class under similar
conditions.
Similar treatment of persons similarly
situated
The equal protection guarantee exists to prevent undue favor
or privilege as well as hostile discrimination, or inequality. 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
imposed.