Case Digest (G.R. No. L-52245) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Petición for Prohibition with Preliminary Injunction and/or Restraining Order filed before the Supreme Court En Banc on January 22, 1980, petitioners Patricio Dumlao, a former Governor of Nueva Vizcaya and candidate for the same office in the January 30, 1980 elections, Romeo B. Igot, a taxpayer, qualified voter and member of the Bar, and Alfredo Salapantan, Jr., a taxpayer and voter from Iloilo, sought to enjoin the Commission on Elections (COMELEC) from enforcing several provisions of Batas Pambansa Blg. 51, 52, and 53 as unconstitutional. Dumlao challenged the special disqualification under Section 4, B.P. 52, which bars any retired elective provincial, city or municipal official aged 65 or older who has received retirement benefits from running again for the same office. Igot and Salapantan questioned: (a) Section 7, B.P. 51 on six-year local terms; (b) Section 4, B.P. 52’s disloyalty disqualification, particularly its second paragraph deeming the filing of charges prima Case Digest (G.R. No. L-52245) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Petition
- Petitioner Patricio Dumlao, former Governor of Nueva Vizcaya, filed his certificate of candidacy for re-election.
- Petitioners Romeo B. Igot and Alfredo Salapantan Jr. are taxpayers and qualified voters (Igot is also a Bar member).
- Challenged Statutory Provisions
- Section 4, Batas Pambansa Blg. 52 – Special disqualification of any retired elective provincial, city or municipal official who has received retirement benefits and is 65 years of age at commencement of term, from running for the same office.
- Section 7, Batas Pambansa Blg. 51 – Six-year term of local elective officials beginning March 1980.
- Section 4 (second paragraph), Batas Pambansa Blg. 52 – Disqualification for acts of disloyalty: conviction is conclusive evidence and filing of charges is prima facie evidence.
- Sections 1 and 6, Batas Pambansa Blg. 52 – Election date (January 30, 1980) and campaign period (December 29, 1979 to January 28, 1980).
- Procedural Posture
- Petition for prohibition with preliminary injunction and/or restraining order against COMELEC.
- Prayer to declare the above provisions unconstitutional and enjoin their implementation.
Issues:
- Procedural
- Is there an actual case or controversy and a proper party with personal and substantial interest to warrant judicial review?
- Merits
- Does Section 4 (first paragraph) of BP 52 violate equal protection and due process by singling out retired officials aged 65?
- Does the provision declaring the mere filing of charges as prima facie evidence of disloyalty (Section 4, second paragraph) violate the constitutional presumption of innocence and due process?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)