LEON MAQUERA VS JUAN BORRA

Election Laws; Republic Act 4421 requires a candidate to post a surety bond
equivalent to one-year salary of the position to which he is a candidate. The
effect is to impose property qualifications in order to run for public office.

FACTS
 Petitioner Leon Maquera questions the constitutionality of RA 4421 on the
ground that it is undemocratic and contrary to the letter and spirit of the
Constitution to which he is a candidate.

ISSUE
Whether or not RA 4421 is constitutional

RULING
 Upon consideration of the case at bar, it appears that:
o RA 4421 requires all candidates for national, provincial, city and
municipal offices to post a surety bond equivalent to the one-year
salary or emoluments of the position to which he is a candidate,
which will 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 10% of the votes, there
being not more than four candidates for the same office.
o All candidates are required to file a surety bond, by a bonding
company of good reputation, acceptable to the Commission:
 P60,000 – President
 P40,000 – Vice President
 P32,000 – Senator and Member of the House of
Representatives
o Every candidate has to pay the premium charged by bonding
companies and either offer his properties worth (at least amount of
surety bond) belonging to other persons willing to accommodate
him
o Effect of RA is to prevent or disqualify from running for the
abovementioned positions although having the qualifications
prescribed by the Constitution, cannot file the surety bond
aforementioned, owing to failure to pay the premium charged.
o Effect of disqualifying for provincial, city or municipal elective offices
although having the qualifications prescribed by law, cannot pay
said premium for the said counter-bond
o The said property qualifications are inconsistent with the nature and
essence of the Republican System ordained in the Constitution and
the principle of social justice underlying is premised upon the tenet
that sovereignty resides in the people and all government authority
emanates from them, this implies necessarily that the right to vote
 and to be voted for shall not be dependent upon the wealth of the
individual.

 RA 4221 is unconstitutional hence null and void. Enjoin respondents

herein as well as their representatives and agents, from enforcing and/or
implementing said constitutional enactment,

 To require the private respondent to own property in order to be eligible to

run for Congress would be tantamount to a property qualification. The
Constitution only requires that the candidate meet the age, citizenship,
voting and residence requirements. Nowhere is it required by the
Constitution that the candidate should also own property in order to be
qualified to run.