Dumlao vs COMELEC

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Judicial Review – Requisites

Dumlao was the former governor of Nueva Vizcaya. He has retired from his office and he has been receiving retirement benefits therefrom. He filed for reelection to the same office for the 1980 local elections.  On the other hand, BP 52 was passed providing disqualification for the likes of Dumlao. Dumlao assailed the BP averring that it is class legislation hence uncons titutional. His petitioned was joined by Atty. Igot and Salapantan Jt. These two however have different issues. The suits of Igot and Salapantan are more of a taxpayer’s suit assailing the other provisions of BP 52 regarding the term of office of the elected officials, the length of the campaign and the provision barring persons charged for crimes may not run for public office and that the filing of complaints against them and after preliminary investigation would already disqualify them from office.

ISSUE: Whether or not the there is cause of action.

HELD: The SC pointed out the procedural lapses of this case for this case would never have been merged. Dumlao’s cause is different from Igot’s. They have separate issues. Further, this case does not meet all the requisites so that it’d be eligible for judicial review. There are standards that have to be followed in the exercise of the function of judicial review, namely: (1) the existence of an appropriate case; (2) an interest personal and substantial by the party raising the constitutional question; (3) the plea that the function be exercised at the earliest opportunity; and (4) the necessity that the constitutional question be passed upon in order to decide the case. In this case, only the 3rd requisite was met. The SC ruled however that the provision barring persons charged for crimes may not run for public office and that the filing of complaints against them and after preliminary investigation would already disqualify them from office as null and void.

 

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