DUMLAO vs.

COMELEC

FACTS:

A petition for Prohibition with Preliminary Injuction

and/or Restraining Order filed by Patricio Dumlao a former
Governor of Nueva Viscaya, seeking to enjoin Comelec from
implementing section 4 of Batas Pambansa Blg. 52, for being
unconstitutional, discriminatory and contrary to the equal
protection rights. Petitioner Dumlao join the suit filled
by petitioner Igot and Salapatan to declare the said
provision as null and void for being violative of the
Constitution.

ISSUE:

Whether or not the petition filed contains the

requisite of actual case or controversy as a requisite for
a review on certiorari?
Whether or not paragraph 1 Section 4 of Batas Pambansa
Blg. 52 is constitutional?

HELD:
It is basic that the power of judicial review is
limited to the determination of actual cases and
controversies. The petitioner assails the constitutionality
of the said provision and seeks to prohibit the respondent
COMELEC from implementing such, yet the petitioner has not
been adversely affected by the application of that
provision. There is no ruling of that constitutional body
on the matter on which the court is being asked to review
on certiorari.
Courts are practically unanimous in the pronouncement
that laws shall not be declared invalid unless the conflict
with the Constitution is clear beyond reasonable doubt. It
is within the competence of the legislature to prescribe
qualifications for one who desires to become a candidate
for office provided they are reasonable, as in this case.
The constitutionality of paragraph 1 section 4 of Batas
Pambansa Blg. 52 is clear and unequivocal thus it does not
discriminate and violate the equal protection rights of the
petitioner.
The first paragraph of section 4 of Batas Pambansa Bilang
52 is declared VALID.