IMBONG VS COMELEC

doctrine: competence of congress acting as constituent assembly:

authority to call constitutional convention as Constituent Assem
bly in enacting implementing details.

Manuel Imbong and Raul Gonzles, both members

of the Bar, assail the constitutionality of RA 6132
Sec. 19 because it prejudices their rights as sec 19. petition
for declaratory relief - any person
interested candidates for delegates of the whose ri
ghts are affected of
Constitutional Convention. provions
of this act, bring an action

Sec. 2: apportionment of delegates: constitutional

convention should be composed of 320 delegates
apportioned among the existing representative
districts according to the number of their
respective inhabitants. Provided that each district
is entitled to at least two delegates.
Sec. 4: all public officers & employees are
considered resigned upon filing certificates of
candidacy.
Sec. 5: disqualifies any elected delegate from
running for a public office while Con Con is
ongoing.
Sec. 8: prohibits political parties or other
organizations from helping Con Con delegates
during campaign period.
ISSUE: WON RA 6132 is valid?
HELD: Yes.
RATIO:
1. SEC. 4 is valid in accordance with
Constitutional prohibition on public
employees/officials running for election. It does
not deny them of due process or equal protection.
2. Law was enacted in Congress capacity as a
legislative body exercising its broad lawmaking
authority. They can grant powers and fix the
qualifications and other requirements needed
such as in the case of the Con Con delegates.
3. Congress has right to apportion the number of
delegates per district. They can limit it if there
are economic restraints. IN this case, they were
correct in using the preliminary population census
taken by the Bureau of Census & Statistics. This
method is fair. Though only provisional, it is still
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credible. We can t really effect an absolutely
proportional representation.
4. Sec. 5 does not deprive petitioners of their
rights to due process and equal protection. Right
to a public office is not an inherent or natural
right. It is subject to regulation. This provision
merely protects institution by making sure that
delegate won t take advantage of his position and
to avoid selfish interests from prevailing. This is
similar to Consti prohibition. All people in the
same class are subjected to the same law thus
there is equal protection of law.
5. Sec. 8 prohibits material, moral, emotional
assistance/support from political parties or civic
associations. Created to prevent clear & present
danger of debasement of electoral process.
Process has to be cleaned. This provides
everyone an equal opportunity to take part in the
electoral process. Although support of candidate
is not a wrong in itself, law can make it mala
prohibita.

Petitioner Raul M. Gonzales assails the validity of the entire law as well as th
e particular provisions embodied in Sections 2(composition of the convention/qua
lification of the delegates), 4(persons holding office), 5(disqualification to r
un), and par. 1 of 8(a. no delegate of con con shall represent himself to any po
litical org or party). Petitioner Manuel B. Imbong impugns the constitutionality
of only par. I of Sec. 8(a) of said R.A. No. 6132 practically on the same groun
ds advanced by petitioner Gonzales.
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