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  • 1.10 Dumlao Vs Comelec

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    HaelSer
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    Petitioners challenged the constitutionality of several provisions of laws related to elections and qualifications of elected officials. However, the case suffers from procedural deficiencies that prevent judicial review. Specifically, there is a misjoinder of parties and causes of action. Additionally, the petition lacks an actual case or controversy, proper parties, and was not raised at the earliest opportunity. While one petitioner asserted a taxpayer suit, it was not proven that tax money was being illegally spent or that the petitioner was directly affected. Therefore, the court found the petitioners did not have cause of action and dismissed the case without resolving the constitutional questions.

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    1.10 Dumlao vs Comelec

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    Petitioners challenged the constitutionality of several provisions of laws related to elections and qualifications of elected officials. However, the case suffers from procedural deficiencies that prevent judicial review. Specifically, there is a misjoinder of parties and causes of action. Additionally, the petition lacks an actual case or controversy, proper parties, and was not raised at the earliest opportunity. While one petitioner asserted a taxpayer suit, it was not proven that tax money was being illegally spent or that the petitioner was directly affected. Therefore, the court found the petitioners did not have cause of action and dismissed the case without resolving the constitutional questions.

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    Attribution Non-Commercial (BY-NC)
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    44 Ansichten1 Seite

    1.10 Dumlao Vs Comelec

    Hochgeladen von

    HaelSer
    Petitioners challenged the constitutionality of several provisions of laws related to elections and qualifications of elected officials. However, the case suffers from procedural deficiencies that prevent judicial review. Specifically, there is a misjoinder of parties and causes of action. Additionally, the petition lacks an actual case or controversy, proper parties, and was not raised at the earliest opportunity. While one petitioner asserted a taxpayer suit, it was not proven that tax money was being illegally spent or that the petitioner was directly affected. Therefore, the court found the petitioners did not have cause of action and dismissed the case without resolving the constitutional questions.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Als TXT, PDF, TXT herunterladen oder online auf Scribd lesen
    Markieren Sie unangemessene Inhalte
    von 1

    G.R. No. L-52245 January 22, 1980 PATRICIO DUMLAO, ROMEO B. IGOT, and ALFREDO SALAPANTAN, JR.

    , petitioners, vs. COMMISSION ON ELECTIONS, respondent. Facts: Petitioner Dumlao, former Governor of Nueva Vizcaya, questions the constitutiona lity of section 4 of BP 52 as discriminatory and contrary to the equal protectio n and due process guarantees of the Constitution. Sec. 4 prohibits any retired e lective provincial city or municipal official who has received payment of the re tirement benefits and reached 65 years from running for the same elective local office from whohc he has retired. Petitioner Igot and Salapantan, both taxpayer s and the former a member of the bar, assail the validity of Sec.7 (BP 51) and S ecs. 1, 4 , 6 (BP 52) and question the accreditation of some political parties b y COMELEC which is contrary to Sec. 9 (1) of Art. XIIC of the Constitution. Peti tioners then pray that the statutory provisions they have challenged be declared null and void for being violative of the Constitution. Issue: Whether or the case can be subject to judicial review. Held: No. The petition suffers from basic procedural infirmities because for one, ther e is misjoinder of parties and actions. Moreover, it lacks the requisites of a j udicial inquiry: (a) actual case or controvery; (b) proper party; (c) raised at the earliest possible opportunity; and (d) constitutional question is necessary to the determination of the case. It is only the third requisite that has been c omplied with and fallen short of the three other criteria. While it is true that petitioner Igot and Salapantan have instituted a case as a taxpayers's suit, it was not proven that the provisions questioned involves tax money being extracte d and illegally spent and that they are directly being affected. By the standard s set forth in People vs Vera, the present case not an "appropriate case" for ei ther petitioner Dumlao or for petitioners Igot and Salapantan. They are actually without cause of action. It follows that the necessity for resolving the issue of constitutionality is absent, and procedural regularity would require that thi s suit be dismissed.

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