Abdula vs. Guiani G.R. No.: 118821, February 18, 2000, 326 SCRA 1 FACTS: The case involves a petition for certiorari and prohibition to set aside the warrant of arrest issued by Judge Japal M. Guiani of Branch 14 of the Regional Trial Court of Cotabato City. The petitioners, Mayor Bai Unggie D. Abdula and Odin Abdula, were charged with murder in Criminal Case No. 2376. The murder complaint alleged that the petitioners paid six other individuals for the death of a certain Abdul Dimalen, the former COMELEC Registrar of Kabuntalan, Maguindanao. Initially, the Provincial Prosecutor of Maguindanao dismissed the murder charges against the petitioners and five other respondents due to lack of prima facie evidence. However, a separate information for murder was filed against one of the respondents, Kasan Mama. Subsequently, the case was ordered to be returned to the Provincial Prosecutor for further investigation. After additional evidence was presented, the Provincial Prosecutor foun...
De Guzman vs. Comelec
GR No. 129118. July 19, 2000
FACTS:
This is a petition for certiorari and prohibition with urgent prayer for the issuance of a writ of preliminary injunction and temporary restraining order, assailing the validity of Section 44 of Republic Act No. 8189 (RA 8189) otherwise known as "The Voters Registration Act of 1996". De Guzman vs. Comelec
SEC. 44. Reassignment of Election Officers. - No Election Officer shall hold office in a particular city or municipality for more than four (4) years. Any election officer who, either at the time of the approval of this Act or subsequent thereto, has served for at least four (4) years in a particular city or municipality shall automatically be reassigned by the Commission to a new station outside the original congressional district.
Petitioners, who are either City or Municipal Election Officers, were reassigned to different stations by the COMELEC. De Guzman vs. Comelec
Petitioners contend that the said law is unconstitutional because it violates the equal protection clause guaranteed by the 1987 Constitution because it singles out the City and Municipal Election Officers of the COMELEC as prohibited from holding office in the same city or municipality for more than four (4) years. They maintain that there is no substantial distinction between them and other COMELEC officials, and therefore, there is no valid classification to justify the objective of the provision of law under attack.
Read: Secretary of Justice v. Lantion
ISSUE:
Whether or not Section 44 of RA 8189 violates the equal protection clause. De Guzman vs. Comelec
HELD:
No.
The singling out of election officers in order to "ensure the impartiality of election officials by preventing them from developing familiarity with the people of their place of assignment" does not violate the equal protection clause of the Constitution. De Guzman vs. Comelec
Read: Ople vs. Torres Rights of Privacy
This is so for underinclusiveness is not an argument against a valid classification. It may be true that all the other officers of COMELEC referred to by petitioners are exposed to the same evils sought to be addressed by the statute. However, in this case, it can be discerned that the legislature thought the noble purpose of the law would be sufficiently served by breaking an important link in the chain of corruption than by breaking up each and every link thereof. Verily, under Section 3(n) of RA 8189, election officers are the highest officials or authorized representatives of the COMELEC in a city or municipality. It is safe to say that without the complicity of such officials, large-scale anomalies in the registration of voters can hardly be carried out. De Guzman vs. Comelec
The petition is dismissed and upheld the constitutionality of Section 44 of RA 8189.
READ FULL TEXT
GR No. 129118. July 19, 2000
FACTS:
This is a petition for certiorari and prohibition with urgent prayer for the issuance of a writ of preliminary injunction and temporary restraining order, assailing the validity of Section 44 of Republic Act No. 8189 (RA 8189) otherwise known as "The Voters Registration Act of 1996". De Guzman vs. Comelec
SEC. 44. Reassignment of Election Officers. - No Election Officer shall hold office in a particular city or municipality for more than four (4) years. Any election officer who, either at the time of the approval of this Act or subsequent thereto, has served for at least four (4) years in a particular city or municipality shall automatically be reassigned by the Commission to a new station outside the original congressional district.
Petitioners, who are either City or Municipal Election Officers, were reassigned to different stations by the COMELEC. De Guzman vs. Comelec
Petitioners contend that the said law is unconstitutional because it violates the equal protection clause guaranteed by the 1987 Constitution because it singles out the City and Municipal Election Officers of the COMELEC as prohibited from holding office in the same city or municipality for more than four (4) years. They maintain that there is no substantial distinction between them and other COMELEC officials, and therefore, there is no valid classification to justify the objective of the provision of law under attack.
Read: Secretary of Justice v. Lantion
ISSUE:
Whether or not Section 44 of RA 8189 violates the equal protection clause. De Guzman vs. Comelec
HELD:
No.
The singling out of election officers in order to "ensure the impartiality of election officials by preventing them from developing familiarity with the people of their place of assignment" does not violate the equal protection clause of the Constitution. De Guzman vs. Comelec
Lutz vs. Araneta: "the legislature is not required by the Constitution to adhere to a policy of all or none".
Read: Ople vs. Torres Rights of Privacy
This is so for underinclusiveness is not an argument against a valid classification. It may be true that all the other officers of COMELEC referred to by petitioners are exposed to the same evils sought to be addressed by the statute. However, in this case, it can be discerned that the legislature thought the noble purpose of the law would be sufficiently served by breaking an important link in the chain of corruption than by breaking up each and every link thereof. Verily, under Section 3(n) of RA 8189, election officers are the highest officials or authorized representatives of the COMELEC in a city or municipality. It is safe to say that without the complicity of such officials, large-scale anomalies in the registration of voters can hardly be carried out. De Guzman vs. Comelec
The petition is dismissed and upheld the constitutionality of Section 44 of RA 8189.
READ FULL TEXT
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