In re: Kay Villegas Kami, Inc.

Case Digest/Notes

FACTS:
Kay Villegas Kami, Inc. is a non-stock and non-profit corporation that intends to
pursue its purposes by supporting delegates to the Constitutional Convention who
will propagate its ideology. However, Sec. 8 of R.A. No. 6132* prohibits an
organization from supporting candidates for delegates to the Convention. Hence,
Kay Villegas Kami filed this petition for declaratory relief to question the validity of
this provision.
ISSUES:
WON Sec. 8 of RA No. 6132 is unconstitutional due to violating the due process
clause, right of association, and freedom of expression
WON (same) is an ex post facto law.

HELD:
NO. The provision in question is a valid limitation on the due process, freedom of
expression, freedom of association, freedom of assembly and equal protection
clause; because the same is intended to prevent the prostitution of the electoral
process and denial of equal protection of the laws.
NO. The constitutional inhibition refers only to criminal laws which are given
RETROACTIVE EFFECT. Since Sec. 8 of RA No. 6132 is to be given a PROSPECTIVE
EFFECT (i.e. its penalties will apply only to violations committed AFTER said law’s
approval), the constitutional inhibition on ex post facto laws shall not apply.

PETITION DENIED. NOT UNCONSTITUTIONAL.

*
RA 6132 Sec. 8
No candidate for delegate to the Convention shall represent or allow himself to be
represented
as being a candidate of any political party or any other organization, and no political
party,
political group, political committee, civic, religious, professional, or other
organization or
organized group of whatever nature shall intervene in the nomination of any such
candidate or
in the filing of his certificate of candidacy or give aid or support, directly or
indirectly, material or
otherwise, favorable to or against his campaign for election...