Title
IN RE: Validity of Section 4 and Section 8, par. 2, Republic Act No. 6132
Case
G.R. No. L-32436
Decision Date
Sep 9, 1970
Gov't officials challenged RA 6132's provisions requiring resignation to run for Constitutional Convention; SC upheld the law, citing public interest and constitutional consistency.
constitutional convention
government officials
partisan political activities
A

Case Summary (G.R. No. L-32436)

Factual Background

Congress, acting as a constituent assembly under Section 1, Article XV of the Constitution, approved Resolution No. 2 on March 16, 1967, calling a Constitutional Convention and including Section 3 declaring that “the office of Delegate shall be honorary and shall be compatible with any other public office” and prescribing per diem and travel allowances. On June 17, 1969, Congress amended prior resolutions by Resolution No. 4, adding Section 8 authorizing implementing legislation, provided it be “not inconsistent with the provisions of this Resolution.” The implementing law, Republic Act No. 6132, was enacted August 24, 1970, and contained in its Section 4 a rule treating any person holding public office as considered resigned upon filing a certificate of candidacy for Delegate, and in Section 8(a), paragraph 2 a prohibition on heads of executive departments and appointive officials from intervening in nominations or giving aid in delegate campaigns.

Procedural History

Petitions for declaratory relief were filed in the Supreme Court challenging the validity and constitutionality of Section 4 and, in one petition, Section 8(a), paragraph 2, of Republic Act No. 6132. The Solicitor General filed answers. The Court conducted hearings at which the parties and amici curiae — Senators Lorenzo Tanada, Arturo Tolentino, Jovito Salonga and Emmanuel Pelaez — orally argued. The petitions invoked Section 19 of Republic Act No. 6132 as the procedural ground for judicial review.

Issues Presented

The petitions raised two principal constitutional questions: (1) whether Section 4 of Republic Act No. 6132 is inconsistent with Section 3 of Resolution No. 2 and therefore beyond the power of Congress sitting as a legislature to alter what Congress, as a constituent assembly, had declared; and (2) whether Section 4 constitutes impermissible class legislation denying equal protection by treating government officials as effectively disqualified from serving as Delegates without resigning, while persons employed in private enterprises are not so treated. The petitioner in G.R. No. L-32436 likewise attacked Section 8(a), paragraph 2 on similar grounds of inconsistency with the constituent resolution.

Petitioners' Contentions

The petitioners contended that the constituent Congress, having declared in Section 3 of Resolution No. 2 that the office of Delegate “shall be compatible with any other public office,” intended to permit government officials and employees to run for and hold the office of Delegate without relinquishing their government positions. They argued that Republic Act No. 6132, enacted by Congress sitting as a legislature, could not validly amend or be inconsistent with that prior constituent declaration. Petitioners further argued that Section 4 amounted to discriminatory class legislation that violated the constitutional guaranty of equal protection by singling out government employees for disqualification upon filing certificates of candidacy.

Respondent and Amici Positions

The Solicitor General and amici advanced that Section 3 of Resolution No. 2 was a declaration only and did not bind later implementing legislation; that Congress lawfully enacted Section 4 and Section 8(a), paragraph 2 in conformity with constitutional provisions restraining the partisan political activities of civil servants; and that Sections 26 and 27 of the Revised Election Code reflect the accepted legislative practice that public officials either cease on filing candidacy or be considered resigned. Amici emphasized the constitutional provision now cited in the decisions as Section 2, Article XII of the Constitution, which prohibits officers and employees in the civil service, including members of the armed forces, from engaging directly or indirectly in partisan political activities or taking part in any election except to vote.

Ruling of the Court

The Court denied the prayers in the petitions and declared that Section 4 and Section 8(a), paragraph 2 of Republic Act No. 6132 are not invalid or unconstitutional. The resolution of the Court was delivered on September 9, 1970. Chief Justice Concepcion and Justices Reyes, J.B.L., Dizon, Makalintal, Fernando, and Makasiar concurred; Justice Villamor concurred in the result; Justice Zaldivar dissented; Justice Castro filed a separate concurrence; Justice Barredo filed a concurring and dissenting opinion; Justice Teehankee was on leave.

Legal Basis and Reasoning of the Majority

The Court treated Section 3 of Resolution No. 2 as a mere declaration that did not, by itself, fix the intrinsic compatibility of the office of Delegate with any other public office for constitutional purposes. The majority held that such a declaration did not preclude Congress, in the exercise of its ordinary legislative power, from imposing restrictions on holders of public office so long as those restrictions did not contravene the Constitution. The Court found no inconsistency between the declaration in the constituent resolution and Section 4 and Section 8(a), paragraph 2 of Republic Act No. 6132. The majority emphasized conformity of Section 4 with Section 2, Article XII of the Constitution, which bars civil service officers and members of the armed forces from engaging in partisan political activities or taking part in elections except to vote, and with the established provisions of the Revised Election Code (Secs. 26 and 27) treating appointive and elective officials who run for other offices as ipso facto ceased or considered resigned upon filing candidacy. The Court further reasoned that the classification in Section 4, which applies to government officials and employees and to officers and employees of government-owned or controlled corporations, was germane to the legislative purpose and rested upon substantial differences between those within the government service and private-sector persons; accordingly, it did not offend the equal protection clause. Finally, the Court observed that Section 4 did not absolutely bar government employees from running for Delegate but required relinquishment of the public position upon filing candidacy; the requirement was rationalized as serving public interest by preventing incumbents from abusing built-in advantages in campaigns and by preserving the continuity of public service during the unpredictably long period of a convention.

Separate Opinions and Dissenting Reasoning

Justice Barredo concurred in the Court’s disposition as to Section 8(a), paragraph 2 but dissented from the majority’s view upholding Section 4. He argued that the constituent Congress intended Section 3 of Resolution No. 2 as an operative declaration permitting government officials and employees to be Delegates without resigning. Justice Barredo relied on contemporaneous legislative enactments, including Republic Act No. 4914, which he read to confirm that intent by expressly addressing compensation choices for Delegates receiving government salary. He criticized the majority’s characterization of the constituent declaration as empty and warned that the Court’s approach effectively allowed ordinary legislation to alter a constituent assembly’s pronouncement without declaring that pronouncement unconstitutional. Justice Barredo maintained that Section 4 should be declared invalid as inconsistent with the constituent resolution and urged a forthright adjudication of that constitutional issue.

Justice Zaldivar likewise dissented. He agreed with Justice Barredo that the del

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