Flashcards Studio

City of Luma enacts the "Women-Led Infrastructure Procurement Ordinance," which provides a 12% bid preference in all road-construction contracts up to 150 million for firms that meet all of the following: (i) at least 60% ownership and control by women, (ii) headquartered within the city, (iii) have been operating for at least two years, and (iv) employ at least 40% women in their workforce. The city justifies the measure as promoting gender parity in local infrastructure contracting and addressing the underrepresentation of women in construction leadership. Under the Philippine Constitution, how would this gender-based classification be analyzed under the Intermediate Scrutiny Test? (a) Identify the controlling doctrine and standard applicable to gender-based classifications under the Constitution. (b) Distinguish this standard from rational basis review and strict scrutiny, and explain what is required to satisfy intermediate scrutiny. (c) Apply the standard to the facts: does the ordinance satisfy intermediate scrutiny? Discuss the objective, the substantial relation to that objective, and tailoring; assess whether less restrictive means exist to achieve the same objective.