EQUAL PROTECTION CLAUSE

2013 Bar Exam Question and Suggested Answer on Equal Protection Clause (Criminal Law)

QUESTION:

No. XI. Assume that you are a member of the legal staff of Senator Salcedo who wants to file a bill about imprisonment at the National Penitentiary in Muntinlupa. He wants to make the State prison a revenue earner for the country through a law providing for premium accommodations for prisoners (other than those under maximum security status) whose wives are allowed conjugal weekend visits, and for those who want long-term premium accommodations. For conjugal weekenders, he plans to rent out rooms with hotel-like amenities at rates equivalent to those charged by 4-star hotels; for long-term occupants, he is prepared to offer room and board with special meals in air conditioned single-occupancy rooms, at rates equivalent to those charged by 3-star hotels. What advice will you give the Senator from the point of view of criminal law, taking into account the purpose of imprisonment (7%) and considerations of ethics and morality (3%)? (10% total points)

SUGGESTED ANSWER:

I would advice Senator Salcedo to forgo and permanently abandon his proposed bill as it will result in economic inequality in the field of criminal justice. The bill runs afoul with the equal protection clause of the 1987 Constitution. The equal protection clause in the Constitution does not merely bar the creation of inequalities but commands as well the elimination of existing inequalities. Additionally, the purpose of imposing penalties, which is to secure justice, retribution and reformation, will be defeated and put to naught if the bill's program/scheme should eventually become a law.

Source: 
"A Compilation of the Questions and Suggested Answers in the Philippine Bar Examinations 2007-2013 in Criminal Law", Compiled and Arranged by Rollan, Faith Chareen and Salise, Hector Christopher (University of San Jose-Recoletos School of Law), ANSWERS TO BAR EXAMINATION QUESTIONS by the UP LAW COMPLEX (2007, 2009, 2010) & PHILIPPINE ASSOCIATION OF LAW SCHOOLS (2008)