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0 tracked cards Criminal Law

A penal statute provides that possession of illegal drugs is punishable by imprisonment for 9 to 13 years if the offender is under 25 years old, and 5 to 9 years if the offender is 25 years old or older. The offender is a 24-year-old who possessed illegal drugs in his province. (a) Identify the central equal protection issue presented. (b) State the governing rule and standard of review applicable to age-based classifications in penal statutes in the Philippines. (c) Apply the rule to these facts: decide whether the classification is valid or unconstitutional, and justify.

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The central issue is whether age-based penalties for drug possession violate equal protection; the governing rule is rational-basis review for non-suspect classifications; and the likely outcome is that the classification is constitutional because it bears a rational relation to deterrence and rehabilitation. The central issue is whether the law discriminates on the basis of political ideology; the governing standard is strict scrutiny; and the likely outcome is unconstitutional as a per se violation of equal protection. The central issue is whether the age cutoff is arbitrary and lacks a legitimate objective; the governing rule is rational basis review; and the likely outcome is unconstitutional because age alone does not indicate culpability. The central issue is whether the provision is retroactive and thus violates ex post facto; the governing rule is ex post facto analysis; the likely outcome is unconstitutional if retroactive.

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