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Just for clarification.

Can we apply equal protection clause even if the government is not involved?
22 hrs Philippine Law St...
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Winz Naive
The clause is applied basicly for scrutinizing validity of a certain law, what kind
of involvement might you be contemplating sir?
Edited Like React Reply Report Yesterday at 12:12pm
Gio Wisely Reformina
For example, disqualifying a group of applicants in a private firm just because
of their weight.
Gio Wisely Reformina
For example, disqualifying a group of applicants in a private firm just because
of their weight.
Like React Report Yesterday at 12:22pm
Winz Naive
labor issue, imho sir that might be covered by the labor code this case sir is
a good read on weight standards on employment
in yrasuegui vs PAL:

Employment in particular jobs may not be limited to persons of a particular


sex, religion, or national origin unless the employer can show that sex,
religion, or national origin is an actual qualification for performing the job. The
qualification is called a bona fide occupational qualification (BFOQ)

test of reasonableness of the company policy is used because it is parallel to


BFOQ. BFOQ is valid provided it reflects an inherent quality reasonably
necessary for satisfactory job performance.

if the weight standard is parenthetically necessary in the specific job


performance then qualifications on weight is upheld valid
1 Like React Report Yesterday at 12:43pm
Gio Wisely Reformina
yes!!!tnx.. But as a general rule, can we not use equal protection clause as a
defense if government is not involved?
Like React Report Yesterday at 1:31pm
Winz Naive
no sir, i believe not, the bill of rights and the equal protection clause is
generally applied to transgressions made by the government against certain
individuals thru law or statute, its mainly a challenge to validity of law.. In your
case, it falls (in my opinion lang po) under the labor code,
Edited 1 Like React Report Yesterday at 1:35pm
Gio Wisely Reformina
tnx for d info

Like React Reply Report Yesterday at 12:22pm


Gio Wisely Reformina replied 4 replies
Abdulmar Saddalani
yes, but in your case may be deprived of it if due process is observed.
Like React Reply Report Yesterday at 12:46pm
Jig Temple Galinato
No, Bill of Rights only apply when dealing with the government (Cruz)
2 Like React Reply Report Yesterday at 1:24pm
Siegfred Bayod Jr.
Yes. The basis, however, is not the Bill of Rights, but Art. 32 (8) of the Civil
Code.
Like React Reply Report Yesterday at 5:58pm
Jig Temple Galinato
article 32 (8) is an independent civil action, just meant to implement the
Consitution (Paras); it can be used to claim for damages, but it cannot be
used to overturn a policy of a private company. an implementing law cannot
accomplish what the main law cannot. case in point is Yrasequi v PAL (GR
168081): To make his claim more believable, petitioner invokes the equal
protection clause guaranty[86] of the Constitution. However, in the absence of
governmental interference, the liberties guaranteed by the Constitution cannot
be invoked.[87] Put differently, the Bill of Rights is not meant to be invoked
against acts of private individuals.[88] Indeed, the United States Supreme
Court, in interpreting the Fourteenth Amendment,[89] which is the source of
our equal protection guarantee, is consistent in saying that the equal
protection erects no shield against private conduct, however discriminatory or
wrongful.[90] Private actions, no matter how egregious, cannot violate the
equal protection guarantee.[91]
1 Like React Reply Report Yesterday at 7:01pm