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IMBONG VS COMELEC d o c t ri n e:
competence of of co congress act acti ing as as co constituent as assembly: authority to call constitutional convention as Constituent Assem bly in enacting implementing details.
Manuel Imbong and Raul Gonzles, both members of the Bar, assail the constitutionality of RA 6132 Sec. 19 because it prejudices their rights as for declaratory relief - any person interested candidates for delegates of the ghts are affected of Constitutional Convention. of this act, bring an action
Sec. 2: apportionment of delegates: constitutional convention should be composed of 320 delegates apportioned among the existing representative districts according to the number of their respective inhabitants. Provided that each district is entitled to at least two delegates. Sec. 4: all public officers & employees are considered resigned upon filing certificates of candidacy. Sec. 5: disqualifies any elected delegate from running for a public office while Con Con is ongoing. Sec. 8: prohibits political parties or other organizations from helping Con Con delegates during campaign period. ISSUE: WON RA 6132 is valid? HELD: Yes. RATIO: 1. SEC. 4 is valid in accordance with Constitutional prohibition on public employees/officials running for election. It does not deny them of due process or equal protection. 2. Law was enacted in Congress capacity as a legislative body exercising its broad lawmaking authority. They can grant powers and fix the qualifications and other requirements needed such as in the case of the Con Con delegates. 3. Congress has right to apportion the number of delegates per district. They can limit it if there are economic restraints. IN this case, they were correct in using the preliminary population census taken by the Bureau of Census & Statistics. This method is fair. Though only provisional, it is still 6 credible. We cant really effect an absolutely proportional representation.
sec 19. petition whose ri p r ov i on s
4. Sec. 5 does not deprive petitioners of their rights to due process and equal protection. Right to a public office is not an inherent or natural right. It is subject to regulation. This provision merely protects institution by making sure that delegate wont take advantage of his position and to avoid selfish interests from prevailing. This is similar to Consti prohibition. All people in the same class are subjected to the same law thus there is equal protection of law. 5. Sec. 8 prohibits material, moral, emotional assistance/support from political parties or civic associations. Created to prevent clear & present danger of debasement of electoral process. Process has to be cleaned. This provides everyone an equal opportunity to take part in the electoral process. Although support of candidate is not a wrong in itself, law can make it mala prohibita.
Petitioner Raul M. Gonzales assails the validity of the entire law as well as th e particular provisions embodied in Sections 2(composition of the convention/qua lification of the delegates), 4(persons holding office), 5(disqualification to r un), and par. 1 of 8(a. no delegate of con con shall represent himself to any po litical org or party). Petitioner Manuel B. Imbong impugns the constitutionality of only par. I of Sec. 8(a) of said R.A. No. 6132 practically on the same groun ds advanced by petitioner Gonzales. 7