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COMELEC,
G.R. No. L-32432, September 11, 1970
35 SCRA 28 (1970)
Facts:
Sec. 5: disqualifies and elected delegate from running for any public
office in the election or from assuming any appointive office/
position until the final adjournment of the Const-Convention.
Constitutional Law I
2015 | MANALO
Issue/s:
Whether the rights of the petitioners to run for candidates for the
Const-Convention are prejudiced by RA No. 6312
Whether RA No. 6312 is unconstitutional
Held: No. Prayers of both petitioners are denied, provisions assailed by petitioners
are constitutional.
Ratio Decidendi:
Sec. 5: The Court held that the State has the right to create office and
the parameters to qualify or disqualify its members. It further
reasoned that the function of a delegate is far-reaching and has a
more enduring effect than that of any ordinary legislator shaping
the fundamental law of the land, which makes the classifications
repugnant to the sense of justice.
Par. 1, Sec. 8: The Court held that the ban against political parties /
organizational groups is constitutional because, as also discussed
by the amica curiae, it serves as an appropriate response to the
clear and present danger of the debasement of the electoral
process. It provides for the equal protection of the laws, wherein
the candidates must depend on their individual merits and not the
support of their political parties or organizations.
Constitutional Law I
2015 | MANALO