8/10/2019 Dumalao v. CoMelec

1/25

Republic of the PhilippinesSUPREME COURT

Manila

EN BANC

G.R. No. L-52245 January 22, 1980

PATRCO !UMLAO, ROMEO ". GOT, an# AL$RE!O SALAPANTAN, JR., petitioners,vs.COMMSSON ON ELECTONS, respondent.

Raul M. Gonzales for petitioners

Office of the Solicitor General for respondent.

MELENCO-%ERRERA, J:

This is a Petition for Prohibition with Preliminar !n"unction and#or Restrainin$ %rder filed b

petitioners, in their own behalf and all others alle$edl similarl situated, see&in$ to en"oin respondent

Commission on Elections 'C%ME(EC) from implementin$ certain provisions of Batas Pambansa Bi$.

*+, *, and *- for bein$ unconstitutional.

The Petition alle$es that petitioner, Patricio umlao, is a former /overnor of Nueva 0i1caa, who has

filed his certificate of candidac for said position of /overnor in the forthcomin$ elections of 2anuar

-3, +453. Petitioner, Romeo B. !$ot, is a ta6paer, a 7ualified voter and a member of the Bar who, as

such, has ta&en his oath to support the Constitution and obe the laws of the land. Petitioner, Alfredo

8alapantan, 2r., is also a ta6paer, a 7ualified voter, and a resident of 8an Mi$uel, !loilo.

Petitioner umlao specificall 7uestions the constitutionalit of section 9 of Batas Pambansa Bl$. *

as discriminator and contrar to the e7ual protection and due process $uarantees of the

Constitution. 8aid 8ection 9 provides:

8ec. 9. 8pecial is7ualification in addition to violation of section +3 of Art. ;! !

8/10/2019 Dumalao v. CoMelec

2/25

8ec ?. Terms of %ffice @ nless sooner removed for cause, all local elective officials hereinabove

mentioned shall hold office for a term of si6 ') ears, which shall commence on the first Monda of March

+453.

.... 'Batas Pambansa Bl$. *+) 8ec. 9.

8ec. 9. ...

An person who has committed an act of disloalt to the 8tate, includin$ acts amountin$ to subversion,

insurrection, rebellion or other similar crimes, shall not be 7ualified to be a candidate for an of the offices

covered b this Act, or to participate in an partisan political activit therein:

provided that a $ud!ment of conviction for any of the aforementioned crimes shall be conclusive evidence

of such fact and

the filin! of char!es for the commission of such crimes before a civil court or military tribunal after

preliminary investi!ation shall be prima fascie evidence of such fact.

... 'Batas Pambansa Bi$. *) 'Para$raphin$ and Emphasis supplied).

8ection +. Election of certain (ocal %fficials @ ... The election shall be held on 2anuar -3, +453. 'Batas

Pambansa, Bl$. *)

8ection . Election and Campai$n Period @ The election period shall be fi6ed b the Commission on

Elections in accordance with 8ection , Art. ;!!

8/10/2019 Dumalao v. CoMelec

3/25

hand said petitioners l$ot and 8alapantan, on the other, to have filed separate suits, in the interest of

orderl procedure.

>or another, there are standards that have to be followed inthe e6ercise of the function of "udicial

review, namel '+) the e6istence of an appropriate case:, ') an interest personal and substantial b

the part raisin$ the constitutional 7uestion: '-) the plea that the function be e6ercised at the earliest

opportunit and '9) the necessit that the constiutional 7uestion be passed upon in order to decide

the case 'People vs. 0era * Phil. * D+4-?).

!t ma be conceded that the third re7uisite has been complied with, which is, that the parties have

raised the issue of constitutionalit earl enou$h in their pleadin$s.

This Petition, however, has fallen far short of the other three criteria.

A. Actual case and controvers.

!t is basic that the power of "udicial review is limited to the determination of actual cases and

controversies.

Petitioner umlao assails the constitutionalit of the first para$raph of section 9 of Batas Pambansa

Bl$. *, 7uoted earlier, as bein$ contrar to the e7ual protection clause $uaranteed b the

Constitution, and see&s to prohibit respondent C%ME(EC from implementin$ said provision. Fet,

umlao has not been adversel affected b the application of that provision. No petition see&in$

umlaos dis7ualification has been filed before the C%ME(EC. There is no rulin$ of that constitutional

bod on the matter, which this Court is bein$ as&ed to review on Certiorari. Gis is a 7uestion posed in

the abstract, a hpothetical issue, and in effect, a petition for an advisor opinion from this Court to be

rendered without the benefit of a detailed factual record Petitioner umlaos case is clearl within the

primar "urisdiction 'see concurrin$ %pinion of now Chief 2ustice >ernando in Peralta vs. Comelec, 5

8CRA -3, 4 D+4?5) of respondent C%ME(EC as provided for in section , Art. ;!!

8/10/2019 Dumalao v. CoMelec

4/25

The lon$

8/10/2019 Dumalao v. CoMelec

5/25

A$ain upon the authorit of *eople vs. era, =it is a wellsettled rule that the constitutionalit of an act

of the le$islature will not be determined b the courts unless that 7uestion is properl raised and

presented in appropriate cases and is necessar to a determination of the caseI i.e., the issue of

constitutionalit must be the ver lis mota presented.=

He have alread stated that, b the standards set forth in *eople vs. era,the present is not an

=appropriate case= for either petitioner umlao or for petitioners !$ot and 8alapantan. The are

actuall without cause of action. !t follows that the necessit for resolvin$ the issue of constitutionalit

is absent, and procedural re$ularit would re7uire that this suit be dismissed.

!!. )he substantive viewpoint.

He have resolved, however, to rule s7uarel on two of the challen$ed provisions, the Courts not

bein$ entirel without discretion in the matter. Thus, adherence to the strict procedural standard was

rela6ed in )inio vs. Mina ' 8CRA *+ D+45)I 'du vs. 'ricta '-* 8CRA 95+ D+4?3)I and in

Gonzalez vs. &omelec'? 8CRA 5-* D+44), the %pinion in the Tinio and /on1ale1 cases havin$

been penned b our present Chief 2ustice. The reasons which have impelled us are the paramount

public interest involved and the pro6imit of the elections which will be held onl a few das hence.

Petitioner umlaos contention that section 9 of BP Bl$. * is discriminator a$ainst him personall is

belied b the fact that several petitions for the dis7ualification of other candidates for local positions

based on the challen$ed provision have alread been filed with the C%ME(EC 'as listed in p. +*,

respondents Comment). This tellin$l overthrows umlaos contention of intentional or purposeful

discrimination.

The assertion that 8ection 9 of BP Bl$. * is contrar to the safer $uard of e7ual protection is neither

well ta&en. The constitutional $uarantee of e7ual protection of the laws is sub"ect to rational

classification. !f the $roupin$s are based on reasonable and real differentiations, one class can be

treated and re$ulated differentl from another class. >or purposes of public service, emploees *

ears of a$e, have been validl classified differentl from oun$er emploees. Emploees attainin$

that a$e are sub"ect to compulsor retirement, while those of oun$er a$es are not so compulsoril

retirable.

!n respect of election to provincial, cit, or municipal positions, to re7uire that candidates should not

be more than * ears of a$e at the time the assume office, if applicable to everone, mi$ht or mi$ht

not be a reasonable classification althou$h, as the 8olicitor /eneral has intimated, a $ood polic of

the law would be to promote the emer$ence of oun$er blood in our political elective echelons. %n

the other hand, it mi$ht be that persons more than * ears old ma also be $ood elective local

officials.

Comin$ now to the case of retirees. Retirement from $overnment service ma or ma not be a

reasonable dis7ualification for elective local officials. >or one thin$, there can also be retirees from

$overnment service at a$es, sa below *. !t ma neither be reasonable to dis7ualif retirees, a$ed

*, for a * ear old retiree could be a $ood local official "ust li&e one, a$ed *, who is not a retiree.

8/10/2019 Dumalao v. CoMelec

6/25

%ut, in the case of a *elwa vs. 8alas, +5 8CRA 3 D+4I Rafael v.

Embroider and Apparel Control and !nspection Board, + 8CRA -- D+4?I !nchon$ etc., et al. vs.

Gernande1 +3+ Phil. ++** D+4*?). The purpose of the law is to allow the emer$ence of oun$er blood

in local $overnments. The classification in 7uestion bein$ pursuant to that purpose, it cannot be

considered invalid =even it at times, it ma be susceptible to the ob"ection that it is marred b

theoretical inconsistencies= 'Chief 2ustice >ernando, The Constitution of the Philippines, +4?? ed., p.

*9?).

There is an additional consideration. Absent herein is a showin$ of the clear invalidit of the

7uestioned provision. Hell accepted is the rule that to "ustif the nullification of a law, there must be a

clear and une7uivocal breach of the Constitution, not a doubtful and e7uivocal breach. Courts are

practicall unanimous in the pronouncement that laws shall not be declared invalid unless the conflict

with the Constitution is clear beond reasonable doubt 'Peralta vs. C%ME(EC, 5 8CRA ** D+4?5,

citin$ Cooper vs. Telfair 9 all +9I odd, Cases on Constitutional (aw, -rd ed. +49, *). (astl, it is

within the compentence of the le$islature to prescribe 7ualifications for one who desires to become a

candidate for office provided the are reasonable, as in this case.

!n so far as the petition of !$ot and 8alapantan are concerned, the second para$raph of section 9 of

Batas Pambansa Bl$. *, 7uoted in full earlier, and which the challen$e, ma be divided in two parts.

The first provides:

a. $ud!ment of conviction $or any of the aforementioned crimes shall be conclusive evidence of such

fact...

The supremac of the Constitution stands out as the cardinal principle. He are aware of the

presumption of validit that attaches to a challen$ed statute, of the well

8/10/2019 Dumalao v. CoMelec

7/25

E6plicit is the constitutional provision that, in all criminal prosecutions, the accused shall be presumed

innocent until the contrar is proved, and shall en"o the ri$ht to be heard b himself and counsel

'Article !0, section +4, +4?- Constitution). An accusation, accordin$ to the fundamental law, is not

snonmous with $uilt. The challen$ed proviso contravenes the constitutional presumption of

innocence, as a candidate is dis7ualified from runnin$ for public office on the $round alone that

char$es have been filed a$ainst him before a civil or militar tribunal. !t condemns before one is fullheard. !n ultimate effect, e6cept as to the de$ree of proof, no distinction is made between a person

convicted of acts of dislotalt and one a$ainst whom char$es have been filed for such acts, as both of

them would be ineli$ible to run for public office. A person dis7ualified to run for public office on the

$round that char$es have been filed a$ainst him is virtuall placed in the same cate$or as a person

alread convicted of a crime with the penalt of arresto, which carries with it the accessor penalt of

suspension of the ri$ht to hold office durin$ the term of the sentence 'Art. 99, Revised Penal Code).

And althou$h the filin$ of char$es is considered as but prima facie evidence, and therefore, ma be

rebutted, et. there is =clear and present dan$er= that because of the pro6imit of the elections, time

constraints will prevent one char$ed with acts of disloalt from offerin$ contrar proof to overcome

theprima facieevidence a$ainst him.

Additionall, it is best that evidenceproand con of acts of disloalt be aired before the Courts rather

than before an administrative bod such as the C%ME(EC. A hi$hl possible conflict of findin$s

between two $overnment bodies, to the e6treme detriment of a person char$ed, will thereb be

avoided. >urthermore, a le$islative#administrative determination of $uilt should not be allowed to be

substituted for a "udicial determination.

Bein$ infected with constitutional infirmit, a partial declaration of nullit of onl that ob"ectionable

portion is mandated. !t is separable from the first portion of the second para$raph of section 9 of

Batas Pambansa Bi$. * which can stand b itself.

HGERE>%RE, +) the first para$raph of section 9 of Batas pambansa Bilan$ * is hereb declared

valid. 8aid para$raph reads:

8EC. 9. Special dis#ualification. -!n addition to violation of 8ection +3 of Article ;!!'C) of the Constitution

and dis7ualifications mentioned in e6istin$ laws which are hereb declared as dis7ualification for an of

the elective officials enumerated in 8ection + hereof, an retired elective provincial, cit or municipal

official, who has received pament of the retirement benefits to which he is entitled under the law and who

shall have been * ears of a$e at the commencement of the term of office to which he see&s to be

elected, shall not be 7ualified to run for the same elective local office from which he has retired.

) That portion of the second para$raph of section 9 of Batas Pambansa Bilan$ *

providin$ that =... the filin$ of char$es for the commission of such crimes before a civil

court or militar tribunal after preliminar investi$ation shall be prima facie evidence of

such fact=, is hereb declared null and void, for bein$ violative of the constitutional

presumption of innocence $uaranteed to an accused.

8% %RERE.

8/10/2019 Dumalao v. CoMelec

8/25

8/10/2019 Dumalao v. CoMelec

9/25

itself in its alle$iance to the philosoph of "udicial self

8/10/2019 Dumalao v. CoMelec

10/25

8/10/2019 Dumalao v. CoMelec

11/25

tainted with arbitrariness and therefore is violative of the due process clause. 8uch a constitutional

ri$ht, to 7uote from (uzon Surety &o., 2nc. v. %eson, 12is =not a mere formalit that ma be dispensed

with at will. !ts disre$ard is a matter of serious concern. !t is a constitutional safe$uard of the hi$hest

order. !t is a response to mans innate sense of "ustice.= 1As ri$htfull stressed in the opinion of the

Court, the time element ma invariabl preclude a full hearin$ on the char$e a$ainst him and thus

effectivel ne$ate the opportunit of an individual to present himself as a candidate. !f, as has beeninvariabl the case, a prosecutor, whether in a civil court or in a militar tribunal saddled as he is with

so man complaints filed on his des& would $ive in to the all

8/10/2019 Dumalao v. CoMelec

12/25

Respondents claim, as accepted b the ma"orit, is that the purpose of the special dis7ualification is

=to infuse new blood in local $overnments but the classification 'that would bar *

8/10/2019 Dumalao v. CoMelec

13/25

declared invalid in its application insofar as it would dis7ualif petitioner from runnin$ for the office of

$overnor of his province.

As aptl restated b the Chief 2ustice, =Persons similarl situated should be similarl treated. Hhere

no valid distinction could be made as to the relevant conditions that call for consideration, there

should be none as to the privile$es conferred and the liabilities imposed. There can be no undue

favoritism or partialit on the one hand or hostilit on the other. Arbitrar selection and discrimination

a$ainst persons in thus ruled out. >or the principle is that e7ual protection and securit shall be $iven

to ever person under circumstances, which if not !dentical are analo$ous. !f law be loo&ed upon in

terms of burden or char$es, those that full within a class should be treated in the same fashion,

whatever restrictions cast on some in the $roup e7uall bindin$ on the rest.= 4

>inall, this arbitrar dis7ualification is li&ewise $rossl violative of Article ;!!, sub

8/10/2019 Dumalao v. CoMelec

14/25

S&'ara(& O')n)on*

"ARRE!O, J., concurrin$:

But as re$ards the matter of e7ual protection, ! reiterate m view for Peralta that 8ec. 4'+) Art. ;! ! is

more e6pensive than the e7ual protection clause.

A+UNO, J, concurrin$:

concur in the result as to para$raph ! of the dispositive part of the decision. ! dissent as to para$raph

. !n m opinion, para$raph , section 9 of Batas Pambansa Bilan$ * is valid, bein$ similar to certain

presumptions in Articles +? and -+* of the Penal Code, as amended b Republic Act No. 955*. 8ee

.8. v. (ulin$, -9 Phil. ?* and People v. Min$oa, 4 Phil. 5*.

A"A! SANTOS, J., concurrin$:

concur but wish to add that a "ud$ment of conviction as provided in 8ec. 9, par. of Batas Pambansa

Bi$. * should be one which is final and unappealable.

$ERNAN!O, C.J., concurrin$.

!t is particularl $ratifin$ that the reiteration in the abl

8/10/2019 Dumalao v. CoMelec

15/25

/eneral should be heard in protest a$ainst such ne$lect of rudimentar precepts. Necessaril then,

whenever ob"ections based on refusal to abide b the procedural principles are presented, this Court

must rule. !t would suffice if thereb the petition is dismissed for nonor petitioner,

it amounted to a constitutional infirmit fatal in character. The wea&ness of the petition is thus

apparent. No decision of this Tribunal can be cited in support of such a proposition. !t would be to

e6tend undul the concept of "udicial review if a court can roam far and wide and ran$e at will over

the variet and diversit of the reasons, the promptin$s that ma lead a le$islator to cast his vote for

or a$ainst a proposed le$islation. !t is not what inspired the introduction of a bill but the effect thereof

if dul enacted that is decisive. That would be the test for its validit or lac& of it. There is this relevant

e6cerpt from Mc&ray v. +nited States: 5=The decisions of this Court D8upreme Court of the nited

8tates from the be$innin$ lend no support whatever to the assumption that the "udiciar ma restrain

the e6ercise of lawful power on the assumption that a wron$ful purpose of motive has caused the

power to be e6erted. The late Chief 2ustice Harren, who penned the opinion in +nited States v. O1

%rien put the matter thus: =!n7uiries into con$ressional motives or purposes are a ha1ardous matter.

Hhen the issue is simpl the interpretation of le$islation, the Court will loo& to statements b

le$islators for $uidance as to the purpose of the le$islature, because the benefit to sound decision