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CONSTITUTIONAL LAW 1 Topic: Self-executing provision of the Constitution - herein case -> NOT self-executing.

By Rebecca Jordan LLB1


REV. ELLY CHAVEZ PAMATONG, ESQUIRE, petitioner, vs. COMELEC G.R. No. 161872 April 13, 2004

FACTS: Pamatong file a certificate of candidacy for President. COMELEC refused to give due course to petitioner on its Resolution no. 6558. Petitioner moved for reconsideration but was Denied together with other 35 nuisance candidates under the aegis (endorsement) of Omnibus Resolution no. 6604 Because they could not wage a national campaign and not nominated by a political party or are not supported by a registered political party with a national constituency. Pamatong invokes that COMELEC violated his constitutional right to run and hold office provided under Sec. 26 Article II of the 1987 Constitution. ISSUE: Whether or nor sec. 26 Article II is a self executing provision. RULING: NO. because sec. 26 article II, like the rest of its provisions enumerated in Article II did not bestow any judicially enforceable constitutional right but merely specifies a guideline for legislative or executive action. An inquiry into the intent of the framers produces the same determination that the provision is not self-executory. The original wording of the present Section 26, Article II had read, "The State shall broaden opportunities to public office and prohibit public dynasties." Commissioner (now Chief Justice) Hilario Davide, Jr. successfully brought forth an amendment that changed the word "broaden" to the phrase "guarantee equal access," and the substitution of the word "office" to "service." He explained his proposal in this wise: Commissioner (now Chief Justice) Hilario Davide, Jr : I changed the word "broaden" to "GUARANTEE EQUAL ACCESS TO" because what is important would be equal access to the opportunity. If you broaden, it would necessarily mean that the government would be mandated to create as many offices as are possible to accommodate as many people as are also possible. So, in order that we should not mandate the State to make the government the number one employer and to limit offices only to what may be necessary and expedient yet offering equal opportunities to access to it, I change the word "broaden."