Monteclaros v. COMELEC
Monteclaros v. COMELEC
Monteclaros v. COMELEC
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G.R. No. 152295. July 9, 2002.
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* EN BANC.
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the age requirement in PD No. 684, the original charter of the SK,
which fixed the maximum age for membership in the SK to
youths less than 18 years old. Petitioners do not have a vested
right to the permanence of the age requirement under Section 424
of the Local Government Code of 1991. Every law passed by
Congress is always subject to amendment or repeal by Congress.
The Court cannot restrain Congress from amending or repealing
laws, for the power to make laws includes the power to change the
laws.
Same; Same; Same; Same; Words and Phrases; A party must
also show that he has a real interest in the suit, and by “real
interest” is meant a present substantial interest, as distinguished
from a mere expectancy or future, contingent, subordinate, or
inconsequential interest.—Petitioners have no personal and
substantial interest in maintaining this suit. A party must show
that he has been, or is about to be denied some personal right or
privilege to which he is lawfully entitled. A party must also show
that he has a real interest in the suit. By “real interest” is meant
a present substantial interest, as distinguished from a mere
expectancy or future, contingent, subordinate, or inconsequential
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CARPIO, J.:
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The Case
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The Facts
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9 Ibid., p. 64.
10 Ibid., p. 65.
11 Entitled “In Re: Position of the Commission on Elections on the
Postponement or Synchronization of the Barangay and Sangguniang
Kabataan (SK) Elections within the year 2002.”
12 Ibid., pp. 66-68.
13 Ibid., pp. 69-71.
14 “An Act amending Republic Act No. 7160, otherwise known as the
“Local Government Code of 1991,’ as amended, resetting the elections of
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The Issues
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Petitioners raise the following grounds in support of their
petition:
“I.
II.
III.
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IV.
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“Again, for this petition to come under the due process of law
prohibition, it would be necessary to consider an office a
“property.” It is, however, well settled x x x that a public office is
not property within the sense of the constitutional guaranties of
due process of law, but is a public trust or agency. x x x The basic
idea of the government x x x is that of a popular representative
government, the officers being mere agents and not rulers of the
people, one where no one man or set of men has a proprietary or
contractual right to an office, but where every officer accepts office
pursuant to the provisions of the law and holds the office as a
trust for the people he represents.” (Emphasis supplied)
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tion, plebiscite, initiative, referendum and recall” and to
“recommend to Congress 38
effective measures to minimize
election spending.” The Comelec’s acts enjoy the
presumption
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of regularity in the performance of official
duties. These acts cannot constitute proof, as claimed by
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Petition dismissed.
——o0o——
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