51.

Petitioners: Rodolfo Farinas et al Vs.

Respondents: The Executive Secretary et, al

GR No. 147387 December 10, 2003

Facts: Two petitions were filed seeking to declare Section 14 of Republic Act 9006 or “The Act to
Enhance the Holding of Free, Orderly, Honest, Peaceful, and Credible Elections through Fair Election
Practices.” The petitioners claim that it repeals Section 67 of the Omnibus Election Code, a good law
which should not have been repealed.

The petitioners asserts that Section 14 of Rep. Act No. 9006 violates the equal protection clause of the
Constitution because it repeals Section 67 only of the Omnibus Election Code, leaving intact Section 66
thereof which imposes a similar limitation to appointive officials.

Issues: Whether Section 14 of the Republic Act No. 9006 violates The equal protection clause of The
Constitution because it repeals The Section 67 only of The Omnibus Election Code:

Held: The assailed law did not violate the equal protection clause. The equal protection of the law clause
in the Constitution is not absolute, but is subject to reasonable classification. Here, there is reasonable
distinction between elective officials and appointive officials. The former occupy their office by virtue of
the mandate of the electorate. They are elected to an office for a definite term and may be removed
therefrom only upon stringent conditions.46 On the other hand, appointive officials hold their office by
virtue of their designation thereto by an appointing authority. Some appointive officials hold their office
in a permanent capacity and are entitled to security of tenure47 while others serve at the pleasure of
the appointing authority.