98_ARRYO VS. DOJ Consequently, GMA, et al.
assail the validity of the
GR. NO. 199082|SEPTEMBER 18, 2012
TOPIC: EQUAL PROTECTION OF THE LAW
DOCTRINE: The equal protection guarantee exists to
prevent undue favor or privilege. It is intended to
eliminate discrimination and oppression based on
inequality. Recognizing the existence of real differences
among men, it does not demand absolute equality. It
merely requires that all persons under like circumstances
and conditions shall be treated alike both as to privileges
conferred and liabilities enforced.
FACTS: The Comelec and the DOJ issued Joint Order
No. 001-2011 creating and constituting a Joint
Committee and Fact-Finding Team on the 2004 and 2007
National Elections electoral fraud and manipulation cases
composed of officials from the DOJ and the Comelec. In
its initial report, the Fact-Finding Team concluded that
manipulation of the results in the May 14, 2007 senatorial
elections in the provinces of North and South Cotabato
and Maguindanao were indeed perpetrated. The Fact-
Finding Team recommended that herein petitioners
Gloria Macapagal-Arroyo (GMA), et al. to be subjected to
preliminary investigation for electoral sabotage.
After the preliminary investigation, the COMELEC en
banc adopted a resolution ordering that information/s for
the crime of electoral sabotage be filed against GMA, et
al. while that the charges against Jose Miguel Arroyo,
among others, should be dismissed for insufficiency of
evidence.
creation of COMELEC-DOJ Joint Panel and of Joint
Order No. 001-2011 before the Supreme Court.abato and
Maguindanao were indeed perpetrated. The Fact-Finding
Team recommended that herein petitioners Gloria
Macapagal-Arroyo (GMA), et al. to be subjected to
preliminary investigation for electoral sabotage.
GMA et.al assails the validity of the resolution due to the
fact that it violates the equal protection of the laws since
it targets only GMA and her administration.
ISSUE: WON there is a violation of equal protection of
the law
RULING: None.
RATIO: While GMA and Mike Arroyo were among those
subjected to preliminary investigation, not all respondents
therein were linked to GMA as there were public officers
who were investigated upon in connection with their acts
in the performance of their official duties. Private
individuals were also subjected to the investigation by the
Joint Committee.
The equal protection guarantee exists to prevent undue
favor or privilege. It is intended to eliminate discrimination
and oppression based on inequality. Recognizing the
existence of real differences among men, it does not
demand absolute equality. It merely requires that all
persons under like circumstances and conditions shall be
treated alike both as to privileges conferred and liabilities
enforced.