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    Maquera V Borra

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    ALEXANDRIA RYLE MUNAR
    Republic Act 4421 required candidates to post a surety bond equal to one year's salary of the position sought. Leon Maquera challenged this as unconstitutional. The Supreme Court ruled the bond requirement unconstitutional as it imposed a property qualification to run for office. This qualification was inconsistent with the republican system of government and principle of social justice in the Philippine Constitution. The Court declared Republic Act 4421 null and void for arbitrarily restricting the right to vote and be voted for based on an individual's wealth rather than qualifications for office.

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    Maquera V Borra

    Uploaded by

    ALEXANDRIA RYLE MUNAR
    40 views1 page
    Republic Act 4421 required candidates to post a surety bond equal to one year's salary of the position sought. Leon Maquera challenged this as unconstitutional. The Supreme Court ruled the bond requirement unconstitutional as it imposed a property qualification to run for office. This qualification was inconsistent with the republican system of government and principle of social justice in the Philippine Constitution. The Court declared Republic Act 4421 null and void for arbitrarily restricting the right to vote and be voted for based on an individual's wealth rather than qualifications for office.

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    Maquera-v-Borra

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    Republic Act 4421 required candidates to post a surety bond equal to one year's salary of the position sought. Leon Maquera challenged this as unconstitutional. The Supreme Court ruled the bond requirement unconstitutional as it imposed a property qualification to run for office. This qualification was inconsistent with the republican system of government and principle of social justice in the Philippine Constitution. The Court declared Republic Act 4421 null and void for arbitrarily restricting the right to vote and be voted for based on an individual's wealth rather than qualifications for office.

    Copyright:

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

    Maquera V Borra

    Uploaded by

    ALEXANDRIA RYLE MUNAR
    Republic Act 4421 required candidates to post a surety bond equal to one year's salary of the position sought. Leon Maquera challenged this as unconstitutional. The Supreme Court ruled the bond requirement unconstitutional as it imposed a property qualification to run for office. This qualification was inconsistent with the republican system of government and principle of social justice in the Philippine Constitution. The Court declared Republic Act 4421 null and void for arbitrarily restricting the right to vote and be voted for based on an individual's wealth rather than qualifications for office.

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    © All Rights Reserved
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    of 1

    LEON G. MAQUERA, petitioner, vs.

    JUAN BORRA, CESAR MIRAFLOR, and GREGORIO


    SANTAYANA , in their respective capacities as Chairman and Members of the Commission on
    Elections, and the COMMISSION ON ELECTIONS, respondents.
    G.R. No. L-24761 | September 7, 1965| BENGZON, J.P.
    DOCTRINE
    ELECTION LAWS; REPUBLIC ACT NO. 4421 REQUIRING A CANDIDATE TO POST SURETY
    BOND EQUIVALENT TO ONE-YEAR SALARY OF POSITION TO WHICH HE IS A CANDIDATE,
    UNCONSTITUTIONAL. — Republic Act NO. 4421 requires a candidate to post a surety bond
    equivalent to oneyear salary of the position to which he is a candidate, which bond shall be forfeited in
    favor of the government, if the candidate, except when declared winner, fails to obtain at least 10% of the
    votes cast for the office, there being not more than four candidates for the same office. 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.
    FACTS
     Juan Borra, Cesar Miraflor, in their capacities as Chairman and Members of the COMELEC
     Leon G. Maquera, candidate for the election
     RA 4421 requires candidate to post a surety bond (equivalent to one-year salary of the position to
    which he is a candidate)
    o To impose property qualifications in order that a person could run for a public office
    o Impostor being a pre-requisite before a person is qualified to run for a position in public
    office, and validate that people could vote for him
    o Unconstitutional and null and void

    CA DECISION
    The Court RESOLVED, without prejudice to rendering an extended decision, to declare that said
    Republic Act No. 4421 is unconstitutional and hence null and void, and, hence, to enjoin
    respondents herein, as well as their representatives and agents, from enforcing and/or
    implementing said unconstitutional enactment.
    ISSUES
    W/N RA 4421 to require candidates post a security bond is constitutional
    RULING
    RA 4421 Found unconstitutional Inconsistent with the nature and essence of the Republican System
    ordained in our constitution. The law Implies that the right to vote and to be voted for social shall not be
    dependent upon the wealth of the individual concerned said bond are not predicated upon the necessity of
    defraying certain expenses or of compensating services given in connection with elections, and is,
    therefore, arbitrary and oppressive

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