PROHIBITION AGAINST ELECTIONEERING OR PARTISAN POLITICAL ACTIVITY

JUAN CAILLES, petitioner, vs. ARSENIO BONIFACIO, respondent.

G.R. No. L-45937 February 25, 1938
LAUREL, J.:

FACTS: This is an original action in the nature of quo warranto instituted by the
petitioner under the provisions of section 408 of the Election Law for the purpose of
ousting the Bonifacio from the office of provincial governor of Laguna. It is
contended that at the time he filed his certificate of candidacy and was elected to
office, the Bonifacio was a captain in the reverse force of the Philippine Army and,
for this reason, is ineligible to office. Two grounds are advanced in support of this
contention: (a) the alleged disqualification of the respondent under section 431 of the
Election Law and prohibition against him as member of the armed forces under
section 2 of Article XI of the Constitution and section 449 of the Election Law.

ISSUE: W/N Bonifacio while being an officer of the Philippine Army can engage in
partisan political activities.

HELD: No. Section 2, Article XI of the Constitution prohibits members of the armed
forces form engaging in any partisan political activity, or otherwise taking part in
any election except to vote, but it does not ex vi termini grant or confer upon them
the right of suffrage. It prohibits partisan political activity or taking part in any
election except to vote, but permits the exercise of the right to vote only if such right
is granted by law. As section 431 of the Election Law, as amended by Commonwealth
Act No. 233, disqualified from voting only members in the active service of the
Philippines Army and no claim is made that this discrimination is violation of the
Constitution, it follows that the respondent, being in the reserve force, is not
disqualified from voting. Stated otherwise, the respondent being a qualified elector
and the possession by him of the other qualifications prescribed for an elective
provincial office not being challenged, he is not ineligible to the office of provincial
governor to which he has been elected. The first ground on the petition is, therefore,
without merit.

With reference to the second ground the petition that the respondent

Section 2, Article XI, of the Constitution is as follows:

SEC 2. Officers and employees in the Civil Service, including members of the armed
forced, shall not engage directly or indirectly in partisan political activities or take part
in any election except to vote.

It was evident that the intention was to continue by in corporation in the Constitution
the then existing prohibition against officers and employees of the Civil Service from,
engaging in political or electoral activities except to vote, for the reason that public
officers and employees in the Civil Service "are servant of the State and not the
agents of any political group." "Members of the armed forced" were not included in
the original draft but finally it was though advisable by the Constitutional Convention
to extend the prohibition to them. In including only those in the active service were
contemplated. Upon the other hand, a contrary interpretation would lead to the
disqualification of all able-bodied male citizens between the ages of 20 and 50 years
— not specially exempted by the National Defense Act — from holding election public
offices or otherwise taking part in any election except to vote and this result, for
obvious reasons, should be avoided.

It is unnecessary to pass this point because Bonifacio calls attention to paragraph (f)
of section 405 of the Election Law, as amended by Commonwealth Act No. 233, which
provides that the presentation of his certificate of candidacy operated automatically
to vacate his position as captain of the reserve corps.

The petition prayed for is hereby dismissed, without pronouncement as to costs.