G.R. No. 257610 , January 24, 2023
GLEN QUINTOS ALBANO, PETITIONER, VS. COMMISSION ON ELECTIONS, RESPONDENT. [UDK No. 17230] CATALINA G. LEONEN-PIZARRO, PETITIONER, VS. COMMISSION ON ELECTIONS, RESPONDENT.

FACTS

The case involves a challenge to the constitutionality of a portion of Section 8 of Republic Act No. 7941 (The Party-List System Act). The specific provision states: “The list shall not include any candidate for any elective office or a person who has lost his bid for an elective office in the immediately preceding election.” The dissenting opinion by Justice Lazaro-Javier addresses the equal protection challenge against this provision.

ISSUE

Whether the pertinent portion of Section 8 of Republic Act No. 7941 , which prohibits a person who lost a bid for an elective office in the immediately preceding election from being nominated in a party-list, violates the equal protection clause of the Constitution.

RULING

The dissenting opinion votes to sustain the constitutionality of the assailed portion of Section 8, Republic Act No. 7941 . The opinion applies the rational basis test for equal protection challenges, finding that the classification created by the law rests on substantial distinctions, is germane to the purpose of the law, is not limited to existing conditions, and applies equally to all members of the same class. The opinion concludes that the provision is a reasonable means to achieve the legitimate state objective of ensuring the party-list system remains a distinct avenue for representation of marginalized and underrepresented sectors, separate from the traditional political electoral process. The classification is not based on any suspect characteristic and does not clearly and unequivocally breach the Constitution. Therefore, the dissenting opinion votes to deny the petitions and confirm the constitutionality of the provision.