CASIBANG v.

AQUINO
G.R. No. L-38025 August 20, 1979
MAKASIAR, J.:

FACTS

Remigio P. Yu was proclaimed on November 9, 1971 as the elected Mayor of

Rosales, Pangasinan in the 1971 local elections. On November 24, 1971, his only rival,
Dante O. Casibang, filed a protest against the election of the former with the Court of
First Instance of Pangasinan on the grounds of anomalies and irregularities, terrorism,
rampant vote buying, open voting or balloting; and excessive campaign expenditures
and other violations of the 1971 Election Code. On November 29, 1972, while
proceeding of the said case was ongoing, the 1971 Constitutional Convention passed
and approved a Constitution to supplant the 1935 Constitution. With that, Yu moved to
dismiss the election protest of Casibang on the ground that the trial court had lost
jurisdiction over the same in view of the effectivity of the 1973 Constitution by reason of
which — principally) Section 9 of Article XVII [Transitory Provisions] and Section 2 of
Article XI.

ISSUES

1. Whether or not Section 9, Article XVII of the 1973 Constitution rendered the
protest moot and academic.
2. Whether or not Section 2, Article XI of the 1973 Constitution entrusted to the
National Assembly revamp of the entire local government structure
RULING

1. No, Section 9 of Article XVII of the 1973 Constitution did not render moot and
academic pending election protest cases. The constitutional grant of privilege to
continue in office, made by the new Constitution for the benefit of persons who
were incumbent officials or employees of the Government when the new
Constitution took effect, cannot be fairly construed as indiscriminately
encompassing every person who at the time happened to be performing the
duties of an elective office, albeit under protest or contest. The Constitutional
Convention could not have intended, as in fact it did not intend, to shield or
protect those who had been unduly elected.
2. No, Section 2 of Article XI of the 1973 Constitution provides that allocated
unto the National Assembly is the power to enact a local government code
"which may not thereafter be amended except by a majority of all its Members,
defining a more responsive and accountable local government allocating
among the different local government units their powers, responsibilities, and
resources, and providing for their qualifications, election and removal, term,
salaries, powers, functions and duties of local officials, and all other matters
relating to the organization and operation of the local units" but "... any change
in the existing form of local government shall not take effect until ratified by a
majority of the votes cast in a plebiscite called for the purpose.

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