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De Guzman vs.

Comelec
GR No. 129118. July 19, 2000

FACTS:
This is a request for review and prohibition, along with a strong prayer for a
preliminary injunction and a temporary restraining order being issued, challenging the
legality of Republic Act No. 8189's (RA 8189) Section 44 additionally referred to as "The
Voters Registration Act of 1996."
SEC. 44. Reassignment of Election Officers. - No Election Officer shall hold office in a
particular city or municipality for more than four (4) years. Any election officer who,
either at the time of the approval of this Act or subsequent thereto, has served for at
least four (4) years in a particularity
or municipality shall automatically be reassigned by the Commission to a new station
outside the original congressional district.
City or municipal election officers who filed the petition were assigned by the
COMELEC to new stations.The City and Municipal Election Officers of the COMELEC
are singled out as being prohibited from holding office in the same city or municipality
for more than four (4) years, according to petitioners, who claim that there is no
substantial difference between them and other COMELEC officials, and as a result,
there is no valid classification to jus cogens.

ISSUE:
Whether or not Section 44 of RA 8189 violates the equal protection clause.

HELD: No. Election officials were singled out in order to "guarantee the neutrality of
By preventing election officials from becoming familiar with the does not infringe on the
equal protection clause are "people of their place of assignment" the Constitution's
provision.

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