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189698

Sentral ng Pilipinas that it cannot meet the printing requirements. Accredited political parties and deputized citizens'
Today is Wednesday, March 01, 2023
arms of the Commission may assign watchers in the printing, storage and distribution of official ballots.

To prevent the use of fake ballots, the Commission through the Committee shall ensure that the serial number on
the ballot stub shall be printed in magnetic ink that shall be easily detectable by inexpensive hardware and shall be
impossible to reproduce on a photocopying machine and that identification marks, magnetic strips, bar codes and
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other technical and security markings, are provided on the ballot.

The official ballots shall be printed and distributed to each city/municipality at the rate of one (1) ballot for every
Republic of the Philippines registered voter with a provision of additional four (4) ballots per precinct.2
SUPREME COURT
Almost a decade thereafter, Congress amended the law on January 23, 2007 by enacting R.A. No. 9369, entitled
Manila
"AN ACT AMENDING REPUBLIC ACT NO. 8436, ENTITLED "AN ACT AUTHORIZING THE COMMISSION ON
EN BANC ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM IN THE MAY 11, 1998 NATIONAL OR LOCAL
ELECTIONS AND IN SUBSEQUENT NATIONAL AND LOCAL ELECTORAL EXERCISES, TO ENCOURAGE
G.R. No. 189698               December 1, 2009 TRANSPARENCY, CREDIBILITY, FAIRNESS AND ACCURACY OF ELECTIONS, AMENDING FOR THE
PURPOSE BATAS PAMPANSA BLG. 881, AS AMEMDED, REPUBLIC ACT NO. 7166 AND OTHER RELATED
ELEAZAR P. QUINTO and GERINO A. TOLENTINO, JR., Petitioners, ELECTION LAWS, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES." Section 13 of the
vs. amendatory law modified Section 11 of R.A. No. 8436, thus:
COMMISSION ON ELECTIONS, Respondent.
SEC. 13. Section 11 of Republic Act No. 8436 is hereby amended to read as follows:
DECISION
Section 15. Official Ballot.- The Commission shall prescribe the format of the electronic display and/or the size and
NACHURA, J.: form of the official ballot, which shall contain the titles of the position to be filled and/or the propositions to be voted
upon in an initiative, referendum or plebiscite. Where practicable, electronic displays must be constructed to present
In our predisposition to discover the "original intent" of a statute, courts become the unfeeling pillars of the status the names of all candidates for the same position in the same page or screen, otherwise, the electronic displays
quo. Little do we realize that statutes or even constitutions are bundles of compromises thrown our way by their must be constructed to present the entire ballot to the voter, in a series of sequential pages, and to ensure that the
framers. Unless we exercise vigilance, the statute may already be out of tune and irrelevant to our day.1 It is in this voter sees all of the ballot options on all pages before completing his or her vote and to allow the voter to review and
light that we should address the instant case. change all ballot choices prior to completing and casting his or her ballot. Under each position to be filled, the names
of candidates shall be arranged alphabetically by surname and uniformly indicated using the same type size. The
Before the Court is a petition for prohibition and certiorari, with prayer for the issuance of a temporary restraining maiden or married name shall be listed in the official ballot, as preferred by the female candidate. Under each
order and a writ of preliminary injunction, assailing Section 4(a) of Resolution No. 8678 of the Commission on proposition to be vote upon, the choices should be uniformly indicated using the same font and size.
Elections (COMELEC). In view of pressing contemporary events, the petition begs for immediate resolution.
A fixed space where the chairman of the board of election inspectors shall affix his/her signature to authenticate the
The Antecedents official ballot shall be provided.

This controversy actually stems from the law authorizing the COMELEC to use an automated election system For this purpose, the Commission shall set the deadline for the filing of certificate of candidacy/petition of
(AES). registration/manifestation to participate in the election. Any person who files his certificate of candidacy within this
period shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of
On December 22, 1997, Congress enacted Republic Act (R.A.) No. 8436, entitled "AN ACT AUTHORIZING THE candidacy: Provided, That, unlawful acts or omissions applicable to a candidate shall take effect only upon the start
COMMISSION ON ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM IN THE MAY 11, 1998 NATIONAL of the aforesaid campaign period: Provided, finally, That any person holding a public appointive office or position,
OR LOCAL ELECTIONS AND IN SUBSEQUENT NATIONAL AND LOCAL ELECTORAL EXERCISES, PROVIDING including active members of the armed forces, and officers and employees in government-owned or -controlled
FUNDS THEREFOR AND FOR OTHER PURPOSES." Section 11 thereof reads: corporations, shall be considered ipso facto resigned from his/her office and must vacate the same at the start of the
day of the filing of his/her certificate of candidacy.
SEC. 11. Official Ballot.- The Commission shall prescribe the size and form of the official ballot which shall contain
the titles of the positions to be filled and/or the propositions to be voted upon in an initiative, referendum or Political parties may hold political conventions to nominate their official candidates within thirty (30) days before the
plebiscite. Under each position, the names of candidates shall be arranged alphabetically by surname and uniformly start of the period for filing a certificate of candidacy.
printed using the same type size. A fixed space where the chairman of the Board of Election inspectors shall affix
his/her signature to authenticate the official ballot shall be provided. With respect to a paper-based election system, the official ballots shall be printed by the National Printing Office
and/or the Bangko Sentral ng Pilipinas at the price comparable with that of private printers under proper security
Both sides of the ballots may be used when necessary. measures which the Commission shall adopt. The Commission may contract the services of private printers upon
certification by the National Printing Office/Bangko Sentral ng Pilipinas that it cannot meet the printing requirements.
For this purpose, the deadline for the filing of certificate of candidacy/petition for registration/manifestation to Accredited political parties and deputized citizens' arms of the Commission shall assign watchers in the printing,
participate in the election shall not be later than one hundred twenty (120) days before the elections: - Provided, storage and distribution of official ballots.
That, any elective official, whether national or local, running for any office other than the one which he/she is holding
in a permanent capacity, except for president and vice president, shall be deemed resigned only upon the start of To prevent the use of fake ballots, the Commission through the Committee shall ensure that the necessary
the campaign period corresponding to the position for which he/she is running: Provided, further, That, unlawful acts safeguards, such as, but not limited to, bar codes, holograms, color shifting ink, microprinting, are provided on the
or omissions applicable to a candidate shall take effect upon the start of the aforesaid campaign period: Provided, ballot.
finally, That, for purposes of the May 11, 1998 elections, the deadline for filing of the certificate of candidacy for the
positions of President, Vice President, Senators and candidates under the Party-List System as well as petitions for The official ballots shall be printed and distributed to each city/municipality at the rate of one ballot for every
registration and/or manifestation to participate in the Party-List System shall be on February 9, 1998 while the registered voter with a provision of additional three ballots per precinct.3
deadline for the filing of certificate of candidacy for other positions shall be on March 27, 1998.
Pursuant to its constitutional mandate to enforce and administer election laws, COMELEC issued Resolution No.
The official ballots shall be printed by the National Printing Office and/or the Bangko Sentral ng Pilipinas at the price 8678,4 the Guidelines on the Filing of Certificates of Candidacy (CoC) and Nomination of Official Candidates of
comparable with that of private printers under proper security measures which the Commission shall adopt. The Registered Political Parties in Connection with the May 10, 2010 National and Local Elections. Sections 4 and 5 of
Commission may contract the services of private printers upon certification by the National Printing Office/Bangko Resolution No. 8678 provide:

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SEC. 4. Effects of Filing Certificates of Candidacy.- a) Any person holding a public appointive office or position However, petitioners raise a challenge on the constitutionality of the questioned provisions of both the COMELEC
including active members of the Armed Forces of the Philippines, and other officers and employees in government- resolution and the law. Given this scenario, the Court may step in and resolve the instant petition.
owned or controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his
certificate of candidacy. The transcendental nature and paramount importance of the issues raised and the compelling state interest involved
in their early resolution the period for the filing of CoCs for the 2010 elections has already started and hundreds of
b) Any person holding an elective office or position shall not be considered resigned upon the filing of his certificate civil servants intending to run for elective offices are to lose their employment, thereby causing imminent and
of candidacy for the same or any other elective office or position. irreparable damage to their means of livelihood and, at the same time, crippling the government's manpowerfurther
dictate that the Court must, for propriety, if only from a sense of obligation, entertain the petition so as to expedite
SEC. 5. Period for filing Certificate of Candidacy.- The certificate of candidacy shall be filed on regular days, from the adjudication of all, especially the constitutional, issues.
November 20 to 30, 2009, during office hours, except on the last day, which shall be until midnight.
In any event, the Court has ample authority to set aside errors of practice or technicalities of procedure and resolve
Alarmed that they will be deemed ipso facto resigned from their offices the moment they file their CoCs, petitioners the merits of a case. Repeatedly stressed in our prior decisions is the principle that the Rules were promulgated to
Eleazar P. Quinto and Gerino A. Tolentino, Jr., who hold appointive positions in the government and who intend to provide guidelines for the orderly administration of justice, not to shackle the hand that dispenses it. Otherwise, the
run in the coming elections,5 filed the instant petition for prohibition and certiorari, seeking the declaration of the courts would be consigned to being mere slaves to technical rules, deprived of their judicial discretion.14
afore-quoted Section 4(a) of Resolution No. 8678 as null and void.
II.
The Petitioners' Contention
To put things in their proper perspective, it is imperative that we trace the brief history of the assailed provision.
Petitioners contend that the COMELEC gravely abused its discretion when it issued the assailed Resolution. They Section 4(a) of COMELEC Resolution No. 8678 is a reproduction of the second proviso in the third paragraph of
aver that the advance filing of CoCs for the 2010 elections is intended merely for the purpose of early printing of the Section 13 of R.A. No. 9369, which for ready reference is quoted as follows:
official ballots in order to cope with time limitations. Such advance filing does not automatically make the person
who filed the CoC a candidate at the moment of filing. In fact, the law considers him a candidate only at the start of For this purpose, the Commission shall set the deadline for the filing of certificate of candidacy/petition for
the campaign period. Petitioners then assert that this being so, they should not be deemed ipso facto resigned from registration/manifestation to participate in the election. Any person who files his certificate of candidacy within this
their government offices when they file their CoCs, because at such time they are not yet treated by law as period shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of
candidates. They should be considered resigned from their respective offices only at the start of the campaign candidacy: Provided, That, unlawful acts or omissions applicable to a candidate shall take effect only upon the start
period when they are, by law, already considered as candidates.6 of the aforesaid campaign period: Provided, finally, That any person holding a public appointive office or position,
including active members of the armed forces, and officers and employees in government-owned or -controlled
Petitioners also contend that Section 13 of R.A. No. 9369, the basis of the assailed COMELEC resolution, contains corporations, shall be considered ipso facto resigned from his/her office and must vacate the same at the start of the
two conflicting provisions. These must be harmonized or reconciled to give effect to both and to arrive at a day of the filing of his/her certificate of candidacy.15
declaration that they are not ipso facto resigned from their positions upon the filing of their CoCs.7
Notably, this proviso is not present in Section 11 of R.A. No. 8436, the law amended by R.A. No. 9369. The proviso
Petitioners further posit that the provision considering them as ipso facto resigned from office upon the filing of their was lifted from Section 66 of B.P. Blg. 881 or the Omnibus Election Code (OEC) of the Philippines, which reads:
CoCs is discriminatory and violates the equal protection clause in the Constitution.8
Sec. 66. Candidates holding appointive office or position.- Any person holding a public appointive office or position,
The Respondent's Arguments including active members of the Armed Forces of the Philippines, and officers and employees in government-owned
or controlled corporations, shall be considered ipso facto resigned from his office upon the filing of his certificate of
On the procedural aspect of the petition, the Office of the Solicitor General (OSG), representing respondent candidacy.
COMELEC, argues that petitioners have no legal standing to institute the suit." Petitioners have not yet filed their
CoCs, hence, they are not yet affected by the assailed provision in the COMELEC resolution. The OSG further It may be recalled-in inverse chronology-that earlier, Presidential Decree No. 1296, or the 1978 Election Code,
claims that the petition is premature or unripe for judicial determination." Petitioners have admitted that they are contained a similar provision, thus'
merely planning to file their CoCs for the coming 2010 elections. Their interest in the present controversy is thus
SECTION 29. Candidates holding appointive office or position. - Every person holding a public appointive office or
merely speculative and contingent upon the filing of the same. The OSG likewise contends that petitioners availed of
position, including active members of the Armed Forces of the Philippines, and officers and employees in
the wrong remedy. They are questioning an issuance of the COMELEC made in the exercise of the latter's rule-
government-owned or controlled corporations, shall ipso facto cease in his office or position on the date he files his
making power. Certiorari under Rule 65 is then an improper remedy.9 certificate of candidacy. Members of the Cabinet shall continue in the offices they presently hold notwithstanding the
filing of certificate of candidacy, subject to the pleasure of the President of the Philippines.
On the substantive aspect, the OSG maintains that the COMELEC did not gravely abuse its discretion in phrasing
Section 4(a) of Resolution No. 8678 for it merely copied what is in the law. The OSG, however, agrees with Much earlier, R.A. No. 6388, or the Election Code of 1971, likewise stated in its Section 23 the following:
petitioners that there is a conflict in Section 13 of R.A. No. 9369 that should be resolved. According to the OSG,
there seems to be no basis to consider appointive officials as ipso facto resigned and to require them to vacate their SECTION 23. Candidates Holding Appointive Office or Position. - Every person holding a public appointive office or
positions on the same day that they file their CoCs, because they are not yet considered as candidates at that time. position, including active members of the Armed Forces of the Philippines and every officer or employee in
Further, this - deemed resigned- provision existed in Batas Pambansa Bilang (B.P. Blg.) 881, and no longer finds a government-owned or controlled corporations, shall ipso facto cease in his office or position on the date he files his
place in our present election laws with the innovations brought about by the automated system.10 certificate of candidacy: Provided, That the filing of a certificate of candidacy shall not affect whatever civil, criminal
or administrative liabilities which he may have incurred.
Our Ruling
Going further back in history, R.A. No. 180, or the Revised Election Code approved on June 21, 1947, also provided
I. that

At first glance, the petition suffers from an incipient procedural defect. What petitioners assail in their petition is a SECTION 26. Automatic cessation of appointive officers and employees who are candidates. - Every person holding
resolution issued by the COMELEC in the exercise of its quasi-legislative power. Certiorari under Rule 65, in relation a public appointive office or position shall ipso facto cease in his office or position on the date he files his certificate
to Rule 64, cannot be availed of, because it is a remedy to question decisions, resolutions and issuances made in of candidacy.
the exercise of a judicial or quasi-judicial function.11 Prohibition is also an inappropriate remedy, because what
petitioners actually seek from the Court is a determination of the proper construction of a statute and a declaration of During the Commonwealth era, Commonwealth Act (C.A.) No. 725, entitled "AN ACT TO PROVIDE FOR THE NEXT
ELECTION FOR PRESIDENT AND VICE-PRESIDENT OF THE PHILIPPINES, SENATORS AND MEMBERS OF
their rights thereunder. Obviously, their petition is one for declaratory relief,12 over which this Court does not
THE HOUSE OF REPRESENTATIVES, AND APPROPRIATING THE NECESSARY FUNDS THEREFOR,"
exercise original jurisdiction.13 approved on January 5, 1946, contained, in the last paragraph of its Section 2, the following:

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A person occupying any civil office by appointment in the government or any of its political subdivisions or agencies The point that I made during the appropriate debate in the past in this Hall is that there is, for me, no valid reason for
or government-owned or controlled corporations, whether such office by appointive or elective, shall be considered exempting elective officials from this inhibition or disqualification imposed by the law.- If we are going to consider
to have resigned from such office from the moment of the filing of such certificate of candidacy. appointive officers of the government, including AFP members and officers of government-owned and controlled
corporations, or any other member of the appointive sector of the civil service, why should it not apply to the elective
Significantly, however, C.A. No. 666, entitled "AN ACT TO PROVIDE FOR THE FIRST ELECTION FOR sector for, after all, even senators and congressmen are members of the civil service as well
PRESIDENT AND VICE-PRESIDENT OF THE PHILIPPINES, SENATORS, AND MEMBERS OF THE HOUSE OF
REPRESENTATIVES, UNDER THE CONSTITUTION AND THE AMENDMENTS THEREOF," enacted without Further, it is self-serving for the Senate, or for the Congress in general, to give an exception to itself which is not
executive approval on June 22, 1941, the precursor of C.A. No. 725, only provided for automatic resignation of available to other similarly situated officials of government. Of course, the answer is, the reason why we are special
elective, but not appointive, officials. is that we are elected. Since we are imposing a disqualification on all other government officials except ourselves, I
think, it is the better part of delicadeza to inhibit ourselves as well, so that if we want to stay as senators, we wait
Nevertheless, C.A. No. 357, or the Election Code approved on August 22, 1938, had, in its Section 22, the same until our term expires. But if we want to run for some other elective office during our term, then we have to be
verbatim provision as Section 26 of R.A. No. 180. considered resigned just like everybody else. That is my proposed amendment. But if it is unacceptable to the
distinguished Sponsor, because of sensitivity to the convictions of the rest of our colleagues, I will understand.
The earliest recorded Philippine law on the subject is Act No. 1582, or the Election Law enacted by the Philippine
Commission in 1907, the last paragraph of Section 29 of which reads: Senator Gordon. Mr. President, I think the suggestion is well-thought of.- It is a good policy.- However, this is
something that is already in the old law which was upheld by the Supreme court in a recent case that the rider was
Sec. 29. Penalties upon officers.- x x x.
not upheld and that it was valid.17
No public officer shall offer himself as a candidate for election, nor shall he be eligible during the time that he holds
The obvious inequality brought about by the provision on automatic resignation of appointive civil servants must
said public office to election, at any municipal, provincial or Assembly election, except for reelection to the position
have been the reason why Senator Recto proposed the inclusion of the following during the period of amendments:
which he may be holding, and no judge of the Court of First Instance, justice of the peace, provincial fiscal, or officer
"ANY PERSON WHO FILES HIS CERTIFICATE OF CANDIDACY WITHIN THIS PERIOD SHALL ONLY BE
or employee of the Bureau of Constabulary or of the Bureau of Education shall aid any candidate or influence in any
CONSIDERED AS A CANDIDATE AT THE START OF THE CAMPAIGN PERIOD FOR WHICH HE FILED HIS
manner or take any part in any municipal, provincial, or Assembly election under penalty of being deprived of his
office and being disqualified to hold any public office whatever for a term of five years: Provided, however, That the COC."18 The said proviso seems to mitigate the situation of disadvantage afflicting appointive officials by
foregoing provisions shall not be construed to deprive any person otherwise qualified of the right to vote at any considering persons who filed their CoCs as candidates only at the start of the campaign period, thereby, conveying
election. the tacit intent that persons holding appointive positions will only be considered as resigned at the start of the
campaign period when they are already treated by law as candidates.
From this brief historical excursion, it may be gleaned that the second proviso in the third paragraph of Section 13 of
R.A. No. 9369- that any person holding a public appointive office or position, including active members of the armed Parenthetically, it may be remembered that Section 67 of the OEC and Section 11 of R.A. No. 8436 contained a
forces, and officers, and employees in government-owned or controlled corporations, shall be considered ipso facto similar provision on automatic resignation of elective officials upon the filing of their CoCs for any office other than
resigned from his/her office and must vacate the same at the start of the day of the filing of his/her certificate of that which they hold in a permanent capacity or for President or Vice-President. However, with the enactment of
candidacy- traces its roots to the period of the American occupation. R.A. No. 9006, or the Fair Election Act,19 in 2001, this provision was repealed by Section 1420 of the said act. There
was, thus, created a situation of obvious discrimination against appointive officials who were deemed ipso facto
In fact, during the deliberations of Senate Bill No. 2231, the bill later to be consolidated with House Bill No. 5352 and resigned from their offices upon the filing of their CoCs, while elective officials were not.
enacted as R.A. No. 9369, Senator Richard Gordon, the principal author of the bill, acknowledged that the said
proviso in the proposed legislative measure is an old provision which was merely copied from earlier existing This situation was incidentally addressed by the Court in Fari᳠v. The Executive Secretary21 when it ruled that
legislation, thus'
Section 14 of Rep. Act No. 9006
Senator Osmeña.- May I just opine here and perhaps obtain the opinion of the good Sponsor.- This reads like, "ANY
PERSON HOLDING [means currently] A PUBLIC APPOINTIVE POSITION" SHALL BE CONSIDERED IPSO Is Not Violative of the Equal
FACTO RESIGNED- [which means that the prohibition extends only to appointive officials] "INCLUDING ACTIVE
MEMBERS OF THE ARMED FORCES, OFFICERS AND EMPLOYEES"- This is a prohibition, Mr. President.- This Protection Clause of the Constitution
means if one is chairman of SSS or PDIC, he is deemed ipso facto resigned when he files his certificate of
candidacy.- Is that the intention The petitioners' contention, that the repeal of Section 67 of the Omnibus Election Code pertaining to elective officials
gives undue benefit to such officials as against the appointive ones and violates the equal protection clause of the
Senator Gordon.- This is really an old provision, Mr. President. constitution, is tenuous.

Senator Osmeña.- It is in bold letters, so I think it was a Committee amendment. The equal protection of the law clause in the Constitution is not absolute, but is subject to reasonable classification.-
If the groupings are characterized by substantial distinctions that make real differences, one class may be treated
Senator Gordon.- No, it has always been there. and regulated differently from the other. The Court has explained the nature of the equal protection guarantee in this
manner:
Senator Osmeña.- I see.
The equal protection of the law clause is against undue favor and individual or class privilege, as well as hostile
Senator Gordon.- I guess the intention is not to give them undue advantage, especially certain people. discrimination or the oppression of inequality.- It is not intended to prohibit legislation which is limited either in the
object to which it is directed or by territory within which it is to operate.- It does not demand absolute equality among
Senator Osmeña.- All right.16 residents; it merely requires that all persons shall be treated alike, under like circumstances and conditions both as
to privileges conferred and liabilities enforced.- The equal protection clause is not infringed by legislation which
In that Senate deliberation, however, Senator Miriam Defensor-Santiago expressed her concern over the inclusion applies only to those persons falling within a specified class, if it applies alike to all persons within such class, and
of the said provision in the new law, given that the same would be disadvantageous and unfair to potential reasonable grounds exist for making a distinction between those who fall within such class and those who do not.
candidates holding appointive positions, while it grants a consequent preferential treatment to elective officials, thus'
Substantial distinctions clearly exist between elective officials and appointive officials. The former occupy their office
Senator Santiago.- On page 15, line 31, I know that this is a losing cause, so I make this point more as a matter of by virtue of the mandate of the electorate. They are elected to an office for a definite term and may be removed
record than of any feasible hope that it can possibly be either accepted or if we come to a division of the House, it therefrom only upon stringent conditions. On the other hand, appointive officials hold their office by virtue of their
will be upheld by the majority. designation thereto by an appointing authority.- Some appointive officials hold their office in a permanent capacity
and are entitled to security of tenure while others serve at the pleasure of the appointing authority.
I am referring to page 15, line 21.- The proviso begins: "PROVIDED FINALLY, THAT ANY PERSON HOLDING A
PUBLIC APPOINTIVE OFFICE - SHALL BE CONSIDERED IPSO FACTO RESIGNED FROM HIS/HER OFFICE."

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Another substantial distinction between the two sets of officials is that under Section 55, Chapter 8, Title I, Having hurdled what the OSG posed as obstacles to judicial review, the Court now delves into the constitutional
Subsection A. Civil Service Commission, Book V of the Administrative Code of 1987 (Executive Order No. 292), challenge.
appointive officials, as officers and employees in the civil service, are strictly prohibited from engaging in any
partisan political activity or take part in any election except to vote.- Under the same provision, elective officials, or It is noteworthy to point out that the right to run for public office touches on two fundamental freedoms, those of
officers or employees holding political offices, are obviously expressly allowed to take part in political and electoral expression and of association. This premise is best explained in Mancuso v. Taft,29 viz.:
activities.
Freedom of expression guarantees to the individual the opportunity to write a letter to the local newspaper, speak
By repealing Section 67 but retaining Section 66 of the Omnibus Election Code, the legislators deemed it proper to out in a public park, distribute handbills advocating radical reform, or picket an official building to seek redress of
treat these two classes of officials differently with respect to the effect on their tenure in the office of the filing of the grievances. All of these activities are protected by the First Amendment if done in a manner consistent with a
certificates of candidacy for any position other than those occupied by them.- Again, it is not within the power of the narrowly defined concept of public order and safety. The choice of means will likely depend on the amount of time
Court to pass upon or look into the wisdom of this classification. and energy the individual wishes to expend and on his perception as to the most effective method of projecting his
message to the public. But interest and commitment are evolving phenomena. What is an effective means for
Since the classification justifying Section 14 of Rep. Act No. 9006, i.e., elected officials vis-a-vis appointive officials, protest at one point in time may not seem so effective at a later date. The dilettante who participates in a picket line
is anchored upon material and significant distinctions and all the persons belonging under the same classification may decide to devote additional time and resources to his expressive activity. As his commitment increases, the
are similarly treated, the equal protection clause of the Constitution is, thus, not infringed.22 means of effective expression changes, but the expressive quality remains constant. He may decide to lead the
picket line, or to publish the newspaper. At one point in time he may decide that the most effective way to give
However, it must be remembered that the Court, in Fari᳼/i>, was intently focused on the main issue of whether the expression to his views and to get the attention of an appropriate audience is to become a candidate for public
repealing clause in the Fair Election Act was a constitutionally proscribed rider, in that it unwittingly failed to office-means generally considered among the most appropriate for those desiring to effect change in our
ascertain with stricter scrutiny the impact of the retention of the provision on automatic resignation of persons governmental systems. He may seek to become a candidate by filing in a general election as an independent or by
holding appointive positions (Section 66) in the OEC, vis-୶is the equal protection clause.- Moreover, the Court's seeking the nomination of a political party. And in the latter instance, the individual's expressive activity has two
vision in Fari᳼/i> was shrouded by the fact that petitioners therein, Fari᳠et al., never posed a direct challenge to the dimensions: besides urging that his views be the views of the elected public official, he is also attempting to become
constitutionality of Section 66 of the OEC. Fari᳠et al. rather merely questioned, on constitutional grounds, the a spokesman for a political party whose substantive program extends beyond the particular office in question. But
repealing clause, or Section 14 of the Fair Election Act. The Court's afore-quoted declaration in Fari᳼/i> may then Cranston has said that a certain type of its citizenry, the public employee, may not become a candidate and may not
very well be considered as an obiter dictum. engage in any campaign activity that promotes himself as a candidate for public office. Thus the city has stifled what
may be the most important expression an individual can summon, namely that which he would be willing to
III. effectuate, by means of concrete public action, were he to be selected by the voters.

The instant case presents a rare opportunity for the Court, in view of the constitutional challenge advanced by It is impossible to ignore the additional fact that the right to run for office also affects the freedom to associate. In
petitioners, once and for all, to settle the issue of whether the second proviso in the third paragraph of Section 13 of Williams v. Rhodes, supra, the Court used strict review to invalidate an Ohio election system that made it virtually
R.A. No. 9369, a reproduction of Section 66 of the OEC, which, as shown above, was based on provisions dating impossible for third parties to secure a place on the ballot. The Court found that the First Amendment protected the
back to the American occupation, is violative of the equal protection clause. freedom to associate by forming and promoting a political party and that that freedom was infringed when the state
effectively denied a party access to its electoral machinery. The Cranston charter provision before us also affects
But before delving into the constitutional issue, we shall first address the issues on legal standing and on the associational rights, albeit in a slightly different way. An individual may decide to join or participate in an organization
existence of an actual controversy. or political party that shares his beliefs. He may even form a new group to forward his ideas. And at some juncture
his supporters and fellow party members may decide that he is the ideal person to carry the group's standard into
Central to the determination of locus standi is the question of whether a party has alleged such a personal stake in the electoral fray. To thus restrict the options available to political organization as the Cranston charter provision has
the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues done is to limit the effectiveness of association; and the freedom to associate is intimately related with the concept
upon which the court so largely depends for illumination of difficult constitutional questions.23 In this case, of making expression effective. Party access to the ballot becomes less meaningful if some of those selected by
petitioners allege that they will be directly affected by COMELEC Resolution No. 8678 for they intend, and they all party machinery to carry the party's programs to the people are precluded from doing so because those nominees
have the qualifications, to run in the 2010 elections. The OSG, for its part, contends that since petitioners have not are civil servants.
yet filed their CoCs, they are not yet candidates; hence, they are not yet directly affected by the assailed provision in
the COMELEC resolution. Whether the right to run for office is looked at from the point of view of individual expression or associational
effectiveness, wide opportunities exist for the individual who seeks public office. The fact of candidacy alone may
The Court, nevertheless, finds that, while petitioners are not yet candidates, they have the standing to raise the open previously closed doors of the media. The candidate may be invited to discuss his views on radio talk shows;
constitutional challenge, simply because they are qualified voters. A restriction on candidacy, such as the challenged he may be able to secure equal time on television to elaborate his campaign program; the newspapers may cover
measure herein, affects the rights of voters to choose their public officials. The rights of voters and the rights of his candidacy; he may be invited to debate before various groups that had theretofore never heard of him or his
candidates do not lend themselves to neat separation; laws that affect candidates always have at least some views. In short, the fact of candidacy opens up a variety of communicative possibilities that are not available to even
theoretical, correlative effect on voters.24 The Court believes that both candidates and voters may challenge, on the most diligent of picketers or the most loyal of party followers. A view today, that running for public office is not an
grounds of equal protection, the assailed measure because of its impact on voting rights.25 interest protected by the First Amendment, seems to us an outlook stemming from an earlier era when public office
was the preserve of the professional and the wealthy. Consequently we hold that candidacy is both a protected First
In any event, in recent cases, this Court has relaxed the stringent direct injury test and has observed a liberal policy Amendment right and a fundamental interest. Hence any legislative classification that significantly burdens that
allowing ordinary citizens, members of Congress, and civil organizations to prosecute actions involving the interest must be subjected to strict equal protection review.30
constitutionality or validity of laws, regulations and rulings.26
Here, petitioners' interest in running for public office, an interest protected by Sections 4 and 8 of Article III of the
We have also stressed in our prior decisions that the exercise by this Court of judicial power is limited to the Constitution, is breached by the proviso in Section 13 of R.A. No. 9369. It is now the opportune time for the Court to
strike down the said proviso for being violative of the equal protection clause and for being overbroad.
determination and resolution of actual cases and controversies.27 The Court, in this case, finds that an actual case
or controversy exists between the petitioners and the COMELEC, the body charged with the enforcement and In considering persons holding appointive positions as ipso facto resigned from their posts upon the filing of their
administration of all election laws. Petitioners have alleged in a precise manner that they would engage in the very CoCs, but not considering as resigned all other civil servants, specifically the elective ones, the law unduly
acts that would trigger the enforcement of the provisionthey would file their CoCs and run in the 2010 elections. discriminates against the first class. The fact alone that there is substantial distinction between those who hold
Given that the assailed provision provides for ipso facto resignation upon the filing of the CoC, it cannot be said that appointive positions and those occupying elective posts, does not justify such differential treatment.
it presents only a speculative or hypothetical obstacle to petitioners' candidacy.28
In order that there can be valid classification so that a discriminatory governmental act may pass the constitutional
IV. norm of equal protection, it is necessary that the four (4) requisites of valid classification be complied with, namely:

(1) It must be based upon substantial distinctions;

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(2) It must be germane to the purposes of the law; character of the civil service would be seriously jeopardized if people in positions of authority used their discretion to
forward their electoral ambitions rather than the public welfare. Similarly if a public employee pressured other fellow
(3) It must not be limited to existing conditions only; and employees to engage in corrupt practices in return for promises of post-election reward, or if an employee invoked
the power of the office he was seeking to extract special favors from his superiors, the civil service would be done
(4) It must apply equally to all members of the class. irreparable injury. Conversely, members of the public, fellow-employees, or supervisors might themselves request
favors from the candidate or might improperly adjust their own official behavior towards him. Even if none of these
The first requirement means that there must be real and substantial differences between the classes treated abuses actually materialize, the possibility of their occurrence might seriously erode the public's confidence in its
differently. As illustrated in the fairly recent Mirasol v. Department of Public Works and Highways,31 a real and public employees. For the reputation of impartiality is probably as crucial as the impartiality itself; the knowledge that
substantial distinction exists between a motorcycle and other motor vehicles sufficient to justify its classification a clerk in the assessor's office who is running for the local zoning board has access to confidential files which could
among those prohibited from plying the toll ways. Not all motorized vehicles are created equal a two-wheeled provide pressure points for furthering his campaign is destructive regardless of whether the clerk actually takes
vehicle is less stable and more easily overturned than a four-wheel vehicle. advantage of his opportunities. For all of these reasons we find that the state indeed has a compelling interest in
maintaining the honesty and impartiality of its public work force.
Nevertheless, the classification would still be invalid if it does not comply with the second requirement if it is not
germane to the purpose of the law. Justice Isagani A. Cruz (Ret.), in his treatise on constitutional law, explains, We do not, however, consider the exclusionary measure taken by Cranston-a flat prohibition on office-seeking of all
kinds by all kinds of public employees-as even reasonably necessary to satisfaction of this state interest. As Justice
The classification, even if based on substantial distinctions, will still be invalid if it is not germane to the purpose of Marshall pointed out in Dunn v. Blumstein, [s]tatutes affecting constitutional rights must be drawn with precision. For
the law. To illustrate, the accepted difference in physical stamina between men and women will justify the prohibition three sets of reasons we conclude that the Cranston charter provision pursues its objective in a far too heavy-
of the latter from employment as miners or stevedores or in other heavy and strenuous work. On the basis of this handed manner and hence must fall under the equal protection clause. First, we think the nature of the regulation-a
same classification, however, the law cannot provide for a lower passing average for women in the bar examinations broad prophylactic rule-may be unnecessary to fulfillment of the city's objective. Second, even granting some sort of
because physical strength is not the test for admission to the legal profession. Imported cars may be taxed at a prophylactic rule may be required, the provision here prohibits candidacies for all types of public office, including
higher rate than locally assembled automobiles for the protection of the national economy, but their difference in many which would pose none of the problems at which the law is aimed. Third, the provision excludes the
origin is no justification for treating them differently when it comes to punishing violations of traffic regulations. The candidacies of all types of public employees, without any attempt to limit exclusion to those employees whose
source of the vehicle has no relation to the observance of these rules.32 positions make them vulnerable to corruption and conflicts of interest.

The third requirement means that the classification must be enforced not only for the present but as long as the There is thus no valid justification to treat appointive officials differently from the elective ones. The classification
problem sought to be corrected continues to exist. And, under the last requirement, the classification would be simply fails to meet the test that it should be germane to the purposes of the law. The measure encapsulated in the
regarded as invalid if all the members of the class are not treated similarly, both as to rights conferred and second proviso of the third paragraph of Section 13 of R.A. No. 9369 and in Section 66 of the OEC violates the
obligations imposed.33 equal protection clause.

Applying the four requisites to the instant case, the Court finds that the differential treatment of persons holding V.
appointive offices as opposed to those holding elective ones is not germane to the purposes of the law.
The challenged provision also suffers from the infirmity of being overbroad.
The obvious reason for the challenged provision is to prevent the use of a governmental position to promote one's
candidacy, or even to wield a dangerous or coercive influence on the electorate. The measure is further aimed at First, the provision pertains to all civil servants holding appointive posts without distinction as to whether they
promoting the efficiency, integrity, and discipline of the public service by eliminating the danger that the discharge of occupy high positions in government or not. Certainly, a utility worker in the government will also be considered as
ipso facto resigned once he files his CoC for the 2010 elections. This scenario is absurd for, indeed, it is
official duty would be motivated by political considerations rather than the welfare of the public.34 The restriction is
unimaginable how he can use his position in the government to wield influence in the political world.
also justified by the proposition that the entry of civil servants to the electoral arena, while still in office, could result
in neglect or inefficiency in the performance of duty because they would be attending to their campaign rather than While it may be admitted that most appointive officials who seek public elective office are those who occupy
to their office work. relatively high positions in government, laws cannot be legislated for them alone, or with them alone in mind. For the
right to seek public elective office is universal, open and unrestrained, subject only to the qualification standards
If we accept these as the underlying objectives of the law, then the assailed provision cannot be constitutionally prescribed in the Constitution and in the laws. These qualifications are, as we all know, general and basic so as to
rescued on the ground of valid classification. Glaringly absent is the requisite that the classification must be allow the widest participation of the citizenry and to give free rein for the pursuit of one's highest aspirations to public
germane to the purposes of the law. Indeed, whether one holds an appointive office or an elective one, the evils office. Such is the essence of democracy.
sought to be prevented by the measure remain. For example, the Executive Secretary, or any Member of the
Cabinet for that matter, could wield the same influence as the Vice-President who at the same time is appointed to a Second, the provision is directed to the activity of seeking any and all public offices, whether they be partisan or
Cabinet post (in the recent past, elected Vice-Presidents were appointed to take charge of national housing, social nonpartisan in character, whether they be in the national, municipal or barangay level. Congress has not shown a
welfare development, interior and local government, and foreign affairs). With the fact that they both head executive
compelling state interest to restrict the fundamental right involved on such a sweeping scale.36
offices, there is no valid justification to treat them differently when both file their CoCs for the elections. Under the
present state of our law, the Vice-President, in the example, running this time, let us say, for President, retains his Specific evils require specific treatments, not through overly broad measures that unduly restrict guaranteed
position during the entire election period and can still use the resources of his office to support his campaign. freedoms of the citizenry. After all, sovereignty resides in the people, and all governmental power emanates from
them.
As to the danger of neglect, inefficiency or partisanship in the discharge of the functions of his appointive office, the
inverse could be just as true and compelling. The public officer who files his certificate of candidacy would be driven
by a greater impetus for excellent performance to show his fitness for the position aspired for. Mancuso v. Taft,37 on this point, instructs

As to approaches less restrictive than a prophylactic rule, there exists the device of the leave of absence. Some
Mancuso v. Taft,35 cited above, explains that the measure on automatic resignation, which restricts the rights of civil system of leaves of absence would permit the public employee to take time off to pursue his candidacy while
servants to run for officea right inextricably linked to their freedom of expression and association, is not reasonably assuring him his old job should his candidacy be unsuccessful. Moreover, a leave of absence policy would eliminate
necessary to the satisfaction of the state interest. Thus, in striking down a similar measure in the United States, many of the opportunities for engaging in the questionable practices that the statute is designed to prevent. While
Mancuso succinctly declares' campaigning, the candidate would feel no conflict between his desire for election and his publicly entrusted
discretion, nor any conflict between his efforts to persuade the public and his access to confidential documents. But
In proceeding to the second stage of active equal protection review, however, we do see some contemporary
instead of adopting a reasonable leave of absence policy, Cranston has chosen a provision that makes the public
relevance of the Mitchell decision. National Ass'n of Letter Carriers, supra. In order for the Cranston charter
employee cast off the security of hard-won public employment should he desire to compete for elected office.
provision to withstand strict scrutiny, the city must show that the exclusion of all government employees from
candidacy is necessary to achieve a compelling state interest. And, as stated in Mitchell and other cases dealing The city might also promote its interest in the integrity of the civil service by enforcing, through dismissal, discipline,
with similar statutes, see Wisconsin State Employees, supra; Broadrick, supra, government at all levels has a or criminal prosecution, rules or statutes that treat conflict of interests, bribery, or other forms of official corruption.
substantial interest in protecting the integrity of its civil service. It is obviously conceivable that the impartial By thus attacking the problem directly, instead of using a broad prophylactic rule, the city could pursue its objective
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without unduly burdening the First Amendment rights of its employees and the voting rights of its citizens. Last term WHEREFORE, premises considered, the petition is GRANTED. The second proviso in the third paragraph of
in Dunn v. Blumstein, the Supreme Court faced an analogous question when the State of Tennessee asserted that Section 13 of Republic Act No. 9369, Section 66 of the Omnibus Election Code and Section 4(a) of COMELEC
the interest of ballot box purity justified its imposition of one year and three month residency requirements before a Resolution No. 8678 are declared as UNCONSTITUTIONAL.
citizen could vote. Justice Marshall stated, inter alia, that Tennessee had available a number of criminal statutes that
could be used to punish voter fraud without unnecessary infringement on the newcomer's right to vote. Similarly, it SO ORDERED.
appears from the record in this case that the Cranston charter contains some provisions that might be used against
opportunistic public employees. ANTONIO EDUARDO B. NACHURA
Associate Justice
Even if some sort of prophylactic rule is necessary, we cannot say that Cranston has put much effort into tailoring a
narrow provision that attempts to match the prohibition with the problem. The charter forbids a Cranston public WE CONCUR:
employee from running for any office, anywhere. The prohibition is not limited to the local offices of Cranston, but
rather extends to statewide offices and even to national offices. It is difficult for us to see that a public employee REYNATO S. PUNO
running for the United States Congress poses quite the same threat to the civil service as would the same employee Chief Justice
if he were running for a local office where the contacts and information provided by his job related directly to the
position he was seeking, and hence where the potential for various abuses was greater. Nor does the Cranston ANTONIO T. CARPIO RENATO C. CORONA
charter except the public employee who works in Cranston but aspires to office in another local jurisdiction, most Associate Justice Associate Justice
probably his town of residence. Here again the charter precludes candidacies which can pose only a remote threat
to the civil service. Finally, the charter does not limit its prohibition to partisan office-seeking, but sterilizes also those
public employees who would seek nonpartisan elective office. The statute reviewed in Mitchell was limited to CONCHITA CARPIO MORALES MINITA V. CHICO-NAZARIO
partisan political activity, and since that time other courts have found the partisan-nonpartisan distinction a material Associate Justice Associate Justice
one. See Kinnear, supra; Wisconsin State Employees, supra; Gray v. Toledo, supra. While the line between
nonpartisan and partisan can often be blurred by systems whose true characters are disguised by the names given PRESBITERO J. VELASCO, JR. TERESITA J. LEONARDO-DE CASTRO
them by their architects, it seems clear that the concerns of a truly partisan office and the temptations it fosters are Associate Justice Associate Justice
sufficiently different from those involved in an office removed from regular party politics to warrant distinctive
treatment in a charter of this sort. ARTURO D. BRION DIOSDADO M. PERALTA
Associate Justice Associate Justice
The third and last area of excessive and overinclusive coverage of the Cranston charter relates not to the type of
office sought, but to the type of employee seeking the office. As Justice Douglas pointed out in his dissent in
Mitchell, 330 U.S. at 120-126, 67 S.Ct. 556, restrictions on administrative employees who either participate in LUCAS P. BERSAMIN MARIANO C. DEL CASTILLO
decision-making or at least have some access to information concerning policy matters are much more justifiable Associate Justice Associate Justice
than restrictions on industrial employees, who, but for the fact that the government owns the plant they work in, are,
for purposes of access to official information, identically situated to all other industrial workers. Thus, a worker in the ROBERTO A. ABAD MARTIN S. VILLARAMA, JR.
Philadelphia mint could be distinguished from a secretary in an office of the Department of Agriculture; so also could Associate Justice Associate Justice
a janitor in the public schools of Cranston be distinguished from an assistant comptroller of the same city. A second
line of distinction that focuses on the type of employee is illustrated by the cases of Kinnear and Minielly, supra. In
both of these cases a civil service deputy decided to run for the elected office of sheriff. The courts in both cases felt C E RTI F I CATI O N
that the no-candidacy laws in question were much too broad and indicated that perhaps the only situation sensitive
enough to justify a flat rule was one in which an inferior in a public office electorally challenged his immediate Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in the above decision had been
superior. Given all these considerations, we think Cranston has not given adequate attention to the problem of reached in consultation before the case was assigned to the writer of the opinion of the Court.
narrowing the terms of its charter to deal with the specific kinds of conflict-of-interest problems it seeks to avoid.
REYNATO S. PUNO
We also do not find convincing the arguments that after-hours campaigning will drain the energy of the public Chief Justice
employee to the extent that he is incapable of performing his job effectively and that inevitable on-the-job
campaigning and discussion of his candidacy will disrupt the work of others. Although it is indisputable that the city
has a compelling interest in the performance of official work, the exclusion is not well-tailored to effectuate that
Footnotes
interest. Presumably the city could fire the individual if he clearly shirks his employment responsibilities or disrupts
the work of others. Also, the efficiency rationale common to both arguments is significantly underinclusive. It applies 1 Salvacion v. Central Bank of the Philippines, G.R. No. 94723, August 21, 1997, 278 SCRA 27, 28.
equally well to a number of non-political, extracurricular activities that are not prohibited by the Cranston charter.
Finally, the connection between after-hours campaigning and the state interest seems tenuous; in many cases a 2
Emphasis supplied.
public employee would be able to campaign aggressively and still continue to do his job well.38
3 Emphasis supplied.
Incidentally, Clements v. Fashing39 sustained as constitutional a provision on the automatic resignation of District
Clerks, County Clerks, County Judges, County Treasurers, Criminal District Attorneys, County Surveyors, Inspectors 4 Promulgated on October 6, 2009.
of Hides and Animals, County Commissioners, Justices of the Peace, Sheriffs, Assessors and Collectors of Taxes,
District Attorneys, County Attorneys, Public Weighers, and Constables if they announce their candidacy or if they 5
become candidates in any general, special or primary election. Petitioner Eleazar P. Quinto is the Undersecretary for Field Operations of the Department of Environment
and Natural Resources (DENR). He intends to run for Representative in the 4th Congressional District of
In Clements, it may be readily observed that a provision treating differently particular officials, as distinguished from Pangasinan. Petitioner Gerino A. Tolentino, Jr. is the OIC-Director of the Land Management Bureau of the
all others, under a classification that is germane to the purposes of the law, merits the stamp of approval from DENR. He likewise desires to run for City Councilor in the 4th District of Manila. (Rollo, pp. 8-9.)
American courts. Not, however, a general and sweeping provision, and more so one violative of the second requisite
6 Rollo, pp. 10-13.
for a valid classification, which is on its face unconstitutional.

On a final note, it may not be amiss to state that the Americans, from whom we copied the provision in question, had 7 Id. at 11.
already stricken down a similar measure for being unconstitutional. It is high-time that we, too, should follow suit
and, thus, uphold fundamental liberties over age-old, but barren, restrictions to such freedoms. 8
Id. at 12-13.

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