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    Dumlao v. Comelec

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    Paul Joshua Torda Suba
    The Supreme Court ruled Section 4 of Batas Pambansa Blg. 51 unconstitutional. The provision disqualified candidates for elective office if they had been charged, but not convicted, of acts of disloyalty to the state. The Court held this violated the presumption of innocence in the Constitution. An accusation is not the same as guilt, and all doubts must be resolved in favor of a candidate's constitutionality. The challenged provision contradicted this presumption by disqualifying candidates based solely on unproven charges, without a full hearing or conviction.

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    Dumlao v. Comelec

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    Paul Joshua Torda Suba
    18 views1 page
    The Supreme Court ruled Section 4 of Batas Pambansa Blg. 51 unconstitutional. The provision disqualified candidates for elective office if they had been charged, but not convicted, of acts of disloyalty to the state. The Court held this violated the presumption of innocence in the Constitution. An accusation is not the same as guilt, and all doubts must be resolved in favor of a candidate's constitutionality. The challenged provision contradicted this presumption by disqualifying candidates based solely on unproven charges, without a full hearing or conviction.

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    2. Dumlao v. Comelec

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    The Supreme Court ruled Section 4 of Batas Pambansa Blg. 51 unconstitutional. The provision disqualified candidates for elective office if they had been charged, but not convicted, of acts of disloyalty to the state. The Court held this violated the presumption of innocence in the Constitution. An accusation is not the same as guilt, and all doubts must be resolved in favor of a candidate's constitutionality. The challenged provision contradicted this presumption by disqualifying candidates based solely on unproven charges, without a full hearing or conviction.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    18 views1 page

    Dumlao v. Comelec

    Uploaded by

    Paul Joshua Torda Suba
    The Supreme Court ruled Section 4 of Batas Pambansa Blg. 51 unconstitutional. The provision disqualified candidates for elective office if they had been charged, but not convicted, of acts of disloyalty to the state. The Court held this violated the presumption of innocence in the Constitution. An accusation is not the same as guilt, and all doubts must be resolved in favor of a candidate's constitutionality. The challenged provision contradicted this presumption by disqualifying candidates based solely on unproven charges, without a full hearing or conviction.

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    © All Rights Reserved
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    of 1

    SECTION 14 - PRESUMPTION OF INNOCENCE

    DUMLAO V. COMELEC
    (G.R. No. L-52245, January 22, 1980)
    Melencio-Herrera, J.:

    FACTS:

    Petitioner Patricio Dumlao is a former governor of Nueva Vizcaya. He filed his certificate for candidacy
    for the position of Governor for the January 30, 1980 elections. Dumlao, together with other petitioners
    Romeo Igot and Alfredo Salapantan, Jr., have filed this petition praying that the challenged statutory
    provisions shall be declared null and void for being violative of the Constitution. Section 4 of Batas
    Pambansa Blg. 52 provides for special disqualification for any retired public officials who received
    retirement benefits and who have been 6,5 years at the “commencement of the term of office to which he
    seeks to be elected shall not be qualified to run for the same elective local office from which he has
    retired”. Specifically, Dumlao questioned the constitutionality of such provision for the grounds that it is
    discriminatory and contrary to the due process and equal protection clauses of the Constitution.

    Subsequently, Igot and Salapantan, Jr. assailed the validity of Sections 4 of Batas Pambansa Blg. 51 for
    being violative of the Constitution. It expressly stated that “Any person who has committed any act of
    disloyalty to the State, including acts amounting to subversion, insurrection, rebellion or other similar
    crimes, shall not be qualified to be a candidate for any of the offices covered by this Act, or to participate
    in any partisan political activity therein:
    provided that a judgment of conviction for any of the aforementioned crimes shall be conclusive evidence
    of such fact and the filing of charges for the commission of such crimes before a civil court or military
    tribunal after preliminary investigation shall be prima fascie evidence of such fact.”

    ISSUE: Whether or not Section 4 of Batas Pambansa Blg. 51 is constitutional.

    HELD:

    NO. The Constitution is explicit to the provision that in all criminal prosecutions, the accused shall be
    presumed innocent until the contrary is proved. He shall enjoy the right to be heard by himself and his
    counsel as provided by Article IV of the 1973 Constitution. "All reasonable doubts should be resolved in
    favor of constitutionality". According to the fundamental law, an accusation is not synonymous with guilt.

    In this case, the challenged provision contradicts the constitutional presumption of innocence due to the
    reason that the candidate is disqualified for charges that has been filed against him before a civil or
    military tribunal without being fully heard. There was a lack of distinction between a person convicted for
    acts of disloyalty and a person charged for such acts.

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