Maquera v. Borra, G.R. No. L-24761, L-24828 (Resolution), [September 7, 1965]

 

Requiring candidates to post a bond to run for an elective position is inconsistent with the nature and essence of the Republican System ordained in our Constitution and the principle of social justice underlying the same, for said political system is premised upon the tenet that sovereignty resides in the people

Maquera v. Borra, G.R. No. L-24761, L-24828 (Resolution), [September 7, 1965]

FACTS:

That Republic Act No. 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 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 10% of the votes cast for the office to which he has filed his certificate of candidacy, there being not more than four (4) candidates for the same office;”

 

That, in compliance with said Republic Act No. 4421, the Commission on Elections had, on July 20,1965, decided to require all candidates for President, Vice-President, Senator and Member of the House of Representatives to file a surety bond, by a bonding company of good reputation, acceptable to the Commission, in the sums of P60,000.00 and P40,000.00 for President and Vice-President, respectively, and P32,000.00 for Senator and Member of the House of Representatives;

 

That, in consequence of said Republic Act No. 4421 and the aforementioned action of the Commission on Elections, every candidate has to pay the premium charged by bonding companies, and, to offer thereto, either his own properties, worth, at least, the amount of the surety bond, or properties, of the same worth, belonging to other persons willing to accommodate him, by way of counter-bond in favor of said bonding companies.

 

ISSUE: WON R.A. No. 4421 is unconstitutional.

 

HELD: YES. The effect of said Republic Act No. 4421 is to impose property qualifications in order that a person could run for a public office, which property qualifications are inconsistent with the nature and essence of the Republican system ordained in the Constitution and the principle of social justice underlying the same. Consequently, Republic Act No. 4421 is unconstitutional and hence null and void.

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