G.R. No. L-24761 - Maquera vs. Borra

RA 4421 requires every candidate for national, provincial, city and municipal office to post a surety bond equivalent to one-year salary or emoluments of the position; the bond is forfeited in favor of the appropriate government entity if the candidate (other than the winner) fails to secure at least ten percent of the votes, provided there are not more than four candidates.
On July 20, 1965, the Commission on Elections issued guidelines requiring bonds for President (₱60,000), Vice-President (₱40,000), Senator and House member (₱32,000 each), to be posted through a reputable bonding company; failure to post the bond disqualifies the certificate of candidacy.

Bona fide candidates lacking funds to pay premiums or without property for counter-bond are effectively barred from running, despite meeting constitutional qualifications.
The bond imposes a de facto property qualification, conflicting with republican principles, popular sovereignty and social justice; it is arbitrary and oppressive because unrelated to election expenses or the compensation of election services.

Two petitions were filed: G.R. No. L-24761 (Maquera vs. Borra) and G.R. No. L-24828 (Aurea & Malabanan vs. Commission on Elections).
The Supreme Court, without prejudice to a full opinion, preliminarily declared RA 4421 unconstitutional and enjoined its enforcement.

Whether RA 4421’s surety-bond requirement imposes an unconstitutional property qualification, infringing the rights to vote and to be elected.
Whether the bond and its forfeiture are arbitrary and oppressive, given the lack of nexus to defraying election expenses or compensating election-related services.