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Kabataan Elections was passed, questions of the constitutionality were raised against Section 2
which states that No barangay elective official shall serve for more than 3 consecutive terms in
the same position: Provided however, that the term of office shall be reckoned from the 1994
barangay elections. Voluntary renunciation of office for any length of time shall not be
considered as an interruption in the continuity of service for the full term for which the elective
Before the 2007 Synchronized Barangay and SK Elections, some of the then incumbent
officials of several barangays of Caloocan City filed with the RTC a petition for declaratory
relief to challenge the constitutionality of the said provision as it is violative of the equal
protection clause of the Constitution in as much as the barangay officials were singled out that
ISSUE:
Whether or not the provision in Section 2 of RA 9164 is violative of the equal protection
RULING:
The equal protection clause is under Sec 2 Art III of the Constitution which provides:
Nor shall any person be denied the equal protection of the laws. This is however considering
equality under the same conditions and among persons similarly situated. The law can treat
barangay officials differently from other local elective officials because the Constitution itself
provides a significant distinction between these elective officials with respect to length of term
and term limitation. The clear distinction, expressed in the Constitution itself, is that while the
Constitution provides for a 3-year term and 3-term limit for local elective officials, it left the
length of term and the application of the 3-term limit or any form of term limitation for
determination by Congress through legislation. Not only does this disparate treatment recognize
substantial distinctions, it recognizes as well that the Constitution itself allows a non-uniform