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  • 312 Aguinaldo V Comelec (Trampe)

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    This case involves incumbent provincial and municipal officials challenging Section 67 of the Omnibus Election Code, which mandates that elective officials are considered resigned upon starting their campaign for a different office in the upcoming election. The Supreme Court ruled that the provision does not violate equal protection. It held that an elected official campaigning for a different position amounts to voluntary resignation based on their desire for a new position. The provision is therefore valid and does not discriminate against officials seeking different offices versus reelection to the same office.

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    312 Aguinaldo v Comelec [Trampe]

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    This case involves incumbent provincial and municipal officials challenging Section 67 of the Omnibus Election Code, which mandates that elective officials are considered resigned upon starting their campaign for a different office in the upcoming election. The Supreme Court ruled that the provision does not violate equal protection. It held that an elected official campaigning for a different position amounts to voluntary resignation based on their desire for a new position. The provision is therefore valid and does not discriminate against officials seeking different offices versus reelection to the same office.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    7 views1 page

    312 Aguinaldo V Comelec (Trampe)

    Uploaded by

    Fe Esperanza
    This case involves incumbent provincial and municipal officials challenging Section 67 of the Omnibus Election Code, which mandates that elective officials are considered resigned upon starting their campaign for a different office in the upcoming election. The Supreme Court ruled that the provision does not violate equal protection. It held that an elected official campaigning for a different position amounts to voluntary resignation based on their desire for a new position. The provision is therefore valid and does not discriminate against officials seeking different offices versus reelection to the same office.

    Copyright:

    © All Rights Reserved
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    of 1

    312

    AGUINALDO v. COMELEC
    G.R. No. 132774
    June 21, 1999
    Art. III

    FACTS:
    A number of incumbent provincial and municipal officials sought to prevent COMELEC
    from enforcing Section 67 of the Omnibus Election Code (B.P. Blg. 881) as amended by R.A.
    No. 8436 Sec. 11 par. 3 on the 1998 elections. They assail that the said provision, which
    mandates that any elective official shall be considered ipso facto resigned upon the start of the
    campaign period in the upcoming elections in which he is running for an office not his own,
    violates the equal protection clause for unlawfully distinguishing between elective officials
    seeking to be reelected into the same office, and elective officials who seek to be elected into a
    different office.

    ISSUES:
    1. Whether Section 67 of B.P. Blg. 881 as amended by paragraph 3, Section 11 of R.A.
    8436 violates the equal protection clause.

    HELD:
    1. No.
    The Solicitor General invoked the doctrine that was laid down in the case of Dimaporo v.
    Mitra, Jr., asserting that an elected official’s term can only be shortened either by (1) the
    forfeiture of his seat by holding any other office or employment in the government or its
    subsidiaries, (2) his expulsion by disciplinary order, (3) his disqualification as determined by the
    proper Electoral Tribunal in an electoral contest, or (4) a voluntary renunciation of his seat.
    All of the foregoing considered, the filing of an elective official of a certificate of candidacy, and
    his consequent campaigning therefor, for an office not his own is considered as a voluntary
    renunciation of his seat. This is because of the very nature of his desire for a different position
    other than his incumbency. Thus, elective officials who seek to be reelected are exempt from the
    assailed provision for their loyalty remains to the post they are currently holding. This goes in
    line with the objective of the government to render continued service to the people by not
    allowing a disruption in the office of said elected officials who wish to be reelected into the same
    post and whose interests remain in the duty of their office.

    Prepared by: Fe Esperanza P. Trampe 1

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