MAQUERRA VS BORRA 15 SCRA 7

Facts:

Effective on June 19, 1965 the

Republic Act 4421 incorporated to the Revised Election Code states:
Sec 36-A. Posting of bond by the candidates; exception; forfeiture.—All candidates for national, provincial,
city and municipal offices shall post a surety bond equivalent to the one - year salary of the position to which
he is a candidate,

which bond shall be forfeited in favor of the national, provincial, city or municipal government concerned if
the candidate except when declared winner, fails to obtain at least ten percent of the votes cast for the office
to which he has filed his certificate of candidacy there being not more than four candidates for the same
office. 

SURETY BOND - a three-party agreement that legally binds together a principal who needs the bond, an
obligee who requires the bond and a surety company that sells the bond
- a surety bond is a promise to be liable for the debt, default, or failure of another
Issue: Whether or not Republic Act 4421 is constitutional

Ruling:
The Supreme Court rules that Republic Act 4421 is undemocratic and contrary to the letter and spirit of
the Constitution.
That additional qualifications are inconsistent with the principle of social justice which presupposes
equal opportunity for all.
The right to vote and to be voted for shall not be dependent upon the wealth of the individual
concerned,
No person shall, by reason of poverty, be denied the chance to be elected to public office;

and that the bond required and the confiscation of said bond are not predicated upon the necessity of
defraying certain expenses or of compensating services given in connection with elections, and is
therefore, arbitrary and oppressive.

Main Point:
Not included in the qualifications of Congressman, which RA 4421 is  a surety bond equivalent to the one- year
salary of the position to which he is a candidate. If it puts a real barrier that would stop many suitable men and
women from presenting themselves as prospective candidates, it becomes unjustifiable, for it would defeat its very
objective of securing the right of honest candidates to run for public office.

Article 6  , Section 6. (Qualifications of Representative)

No person shall be a Member of the House of Representatives unless he is
1. a natural-born citizen of the Philippines and, on the day of the election, is
2. at least twenty-five years of age,
3. able to read and write, and,
4. except the party-list representatives, a registered voter in the district in which he shall be elected, and
5. a resident thereof for a period of not less than one year immediately preceding the day of the election.