Flashcards Studio

BrightWay Transit, a private transportation company, operates a city bus network under a public-private partnership with the City Government of Pasig to run subsidized routes. The company adopts a policy restricting elderly passengers (age 65 and above) to non-subsidized routes and times, citing safety and crowding concerns. An association representing senior citizens sues, arguing the policy violates the Constitution’s equal protection guarantee and the State’s obligation to promote social justice and human rights, invoking international human rights norms ratified by the Philippines. The company contends 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 BrightWay Transit’s policy violate the Constitution and applicable human rights norms? What remedy should be sought and what is the appropriate standard of review?