Dumlao v.

COMELEC (1980)
Topic: Due Process, Equal Protection

PARTIES:
 Petitioner: Patricio Dumlao, Romeo B. Igot, Alfredo Salapantan, Jr.
 Respondent: COMELEC

FACTS:
 Patricio Dumlao (former Gov of Nueva Vizcaya), who has filed his CoC for said
position of Governor in the Jan. 30, 1980 elections allege that Sec. 4 of BP 52 is
discriminatory and contrary to the equal protection and due process guarantees of the
Constitution.
o Sec. 4 – Special Disqualification – Any retirend elective provincial, city or
municipal official who has received payment of the retirement benefits to
which he is entitled under the law and who shall have been 65 years of age at
the commencement of the term of office o which he seeks to be election, shall
not be qualified to run for the same elective office from which he has retired.
o Dumlao alleges that the provision is directed insidiously against him, and that
the classification provided therein is based on purely arbitrary grounds, and
therefore, class legislation.

o HELD:
 It is basic that the power of judicial review is limited to the
determination of actual cases and controversies.
 Dumlao has not been adversely affected by the application of that
provision. No petition seeking his disqualification has been filed before
the COMELEC. There is no ruling of COMELEC on the matter.
 Dumlao’s contention that Sec. 4 of BP 54 is discriminatory against him
personally is belied by the fact that several petitions for the
disqualification of other candidates for local positions based on the
challenged provision have already been filed with the COMELEC.
 Sec. 4 of BP 54 is not violative of the equal protection. The distinction
made by the act (65 years of age) have been validly classified
differently from younger employees. Employees attaining that age are
subject to compulsory retirement, while those of younger age are not.
 The purpose of the law is to allow the emergence of younger blood in
local governments.

 Romeo B. Igot (member of the Bar, taxpayer and qualified voter) and Alfredo
Salapantan (taxpayer, qualified voter and resident of San Miguel, Iloilo) question the
accreditation of political parties by COMELEC)