G.R. No. L-32436 - IN RE: Validity of Section 4 and Section 8, par. 2, Republic Act No. 6132

On March 16, 1967, Congress, acting pursuant to Section 1, Article XV of the Constitution, in joint session passed Resolution No. 2 which called for a Constitutional Convention and provided that "the office of Delegate shall be honorary and shall be compatible with any other public office."
Resolution No. 2 included provisions for delegate compensation—for instance, delegates who did not receive a government salary were to be entitled to a per diem and necessary travelling expenses.
On June 17, 1969, Congress, in the same manner, passed Resolution No. 4. This resolution amended certain provisions of Resolution No. 2 by modifying the apportionment and election details, including the addition of Section 8 to address further details on delegate selection.

Republic Act No. 6132 was approved on August 24, 1970 as the implementing legislation for the constituent resolution.
The Act provided in Section 4 that any person holding a public office—whether elective or appointive—is deemed to have resigned upon the filing of a certificate of candidacy to run as a delegate.
Section 8(a), paragraph 2 of the Act prohibits high-ranking government officials from intervening in the nomination or filing of certificates of candidacy by others, aiming to ensure non-partisan participation.

Petitioners, composed of government officials and employees, challenged the validity of Section 4 and Section 8(a), paragraph 2 of Republic Act No. 6132.
Their primary arguments were:

The provisions were inconsistent with Section 3 of Resolution No. 2 which declared that the delegate office is compatible with any other public office, thereby rendering the disqualification provisions contrary to the original constituent intent.
The restrictions constituted class legislation that discriminated against government employees by effectively denying them the equal protection of the laws, since such disqualification would not apply to persons in the private sector.

The petitioners additionally expressed concerns about the potential adverse effects on public service if government employees were forced to resign their posts, highlighting the practical implications of losing valuable government service during the convention.

The case was considered in light of Section 2 of Article XII of the Constitution, which restricts government employees and members of the armed forces from engaging in partisan political activities beyond voting.
Existing provisions in the Revised Election Code (Sections 26 and 27) already mandated that appointive officers and certain elective officials be deemed resigned upon filing their certificates of candidacy.
Historical legislative measures such as Republic Act No. 4914 (a previous implementing legislation) were also discussed, with particular focus on its similar provisions regarding the compatibility of delegate positions with other public offices, indicating a legislative evolution in approach.

Whether Section 4 of Republic Act No. 6132, which effectively forces government officials and employees to be considered resigned upon filing their candidacy, is consistent with Section 3 of Resolution No. 2 adopted by Congress as a constituent body.
Whether the disqualification from holding a public office (and the consequent loss of a position) for those who seek to be delegates violates constitutional guarantees, particularly the equal protection clause.

Whether Congress, in its legislative capacity, may validly amend or implement a constituent resolution (such as Resolution No. 2) through ordinary legislation.
Whether the implementation measures in Republic Act No. 6132 conflict with the earlier adopted resolutions that intended to allow delegates to hold other public offices concurrently.

The potential operational disruption to the government resulting from the resignation of key government officials should they run as delegates.
Whether prohibiting government employees from participating fully by requiring resignation is justified on the basis of maintaining non-partisanship in the convention and safeguarding public service.

The interpretation of the term “compatible with any other public office” in Resolution No. 2 and whether it should be considered a binding rule or merely a declaratory statement of principle.
The implications of allowing government officials to remain in office while serving as delegates on the fairness of the constitutional convention process.