Flashcards Studio

A private bank in Metro Manila denies opening a savings account for Aisha, a transgender woman, citing a policy that requires IDs reflecting the individual’s gender as presented in government records. Aisha sues, arguing that the bank’s policy violates the Constitution’s equal protection guarantee and the State’s duty to promote social justice and human rights, and she invokes international human rights norms ratified by the Philippines. The bank argues that constitutional nondiscrimination obligations bind only the State, not private actors. (a) Identify the controlling doctrine governing whether constitutional nondiscrimination applies to private actors. (b) Distinguish how this doctrine treats private corporations versus government agencies in enforcing constitutional rights. (c) Apply to the facts: does the bank’s policy violate the Constitution and applicable human rights norms? What remedy should be sought and what is the appropriate standard of review?