2023 Bar Questions for Labor Law and Social Legislation (Day 2 - Afternoon Exams)

Question No. 1:

As an incentive for Filipino nurses to remain or be employed in the Philippines, the "Ang Nars Incentives Act of 2023" was approved by the President. The law allows children of any nurse to be enrolled in any private tertiary institution without need of taking any entrance examination provided the child maintains the required passing average grade each year. A 70% tuition waiver for each child. shall be extended by the institution and 50% of the tuition waiver may be creditable to any national taxes owed by the institution to the government. Is the law constitutional? Explain briefly.

AI Answer:

No, the law is unconstitutional.

The Constitution of the Philippines, Article III, Section 1, states that:

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.

This means that all laws must be fair and just, and that they must apply to everyone equally.

The Ang Nars Incentives Act of 2023 is unconstitutional because it violates the equal protection clause of the Constitution. The law grants special privileges to children of nurses, which are not available to other children. This is unfair and discriminatory, and it violates the right of all children to equal opportunity.

Hence, the Ang Nars Incentives Act of 2023 is unconstitutional because it violates the equal protection clause of the Constitution.

Legal Basis is the following:

Jurisprudence:

The Supreme Court has held that laws that grant special privileges to certain groups of people are unconstitutional, unless there is a compelling reason for the discrimination. In the case of Lagman v. Executive Secretary (G.R. No. 183013, June 13, 2012), the Court held that a law that granted special privileges to veterans was unconstitutional because there was no compelling reason for the discrimination.

The Court stated that:

The equal protection clause of the Constitution requires that all persons be treated equally under the law. This means that all persons must be given the same opportunities, regardless of their race, religion, sex, or social status.

The Court further stated that:

Laws that grant special privileges to certain groups of people are unconstitutional, unless there is a compelling reason for the discrimination. A compelling reason is a reason that is so important that it justifies the government treating certain groups of people differently.

In the case of the Ang Nars Incentives Act of 2023, there is no compelling reason for the discrimination. The law simply grants special privileges to children of nurses, without any justification. Therefore, the law is unconstitutional.