G.R. No. L-32436 and L-32439, September 9, 1970.
ABELARDO SUBIDO, Commissioner of Civil Service, petitioner. In re: Validity of Section 4 and Section 8(a), paragraph 2, Republic Act 6132. and IN THE MATTER OF THE PETITION FOR THE DECLARATORY RELIEF RE: VALIDITY AND CONSTITUTIONALITY REPUBLIC ACT 6132, HON. GUARDSON LOOD Judge, CFI Pasig, Rizal, et al., petitioners.

FACTS

On March 16, 1967, Congress, acting as a constituent assembly, passed Resolution No. 2 calling a Constitutional Convention. Section 3 of this Resolution stated that the office of Delegate “shall be honorary and shall be compatible with any other public office.” On June 17, 1969, Congress passed Resolution No. 4, which added a Section 8 requiring that details for the Convention be embodied in an implementing law, provided it is not inconsistent with the Resolution. Republic Act No. 6132, approved on August 24, 1970, is this implementing legislation. Its Section 4 provides that any person holding a public office, elective or appointive, “shall be considered resigned upon the filing of his certificate of candidacy” for Convention Delegate. Section 8(a), paragraph 2, prohibits certain government officials from intervening in the nomination or campaign of a candidate. Petitioners, who are government officials and employees, assail the validity of these sections. They argue that these provisions are inconsistent with Section 3 of Resolution No. 2 (which declares compatibility) and violate the proviso that the implementing law must not be inconsistent with the Resolution. They also argue that Section 4 constitutes invalid class legislation that denies equal protection, as it disqualifies public officials by forcing resignation—a condition not imposed on private employees.

ISSUE

The primary issues are: (1) Whether Sections 4 and 8(a), paragraph 2, of Republic Act No. 6132 are inconsistent with and therefore invalid under Section 3 of Congress Resolution No. 2; and (2) Whether Section 4 constitutes unconstitutional class legislation that denies equal protection of the laws.

RULING

The Supreme Court resolved to deny the petitions and declared that Sections 4 and 8(a), paragraph 2, of Republic Act No. 6132 are not invalid or unconstitutional. The Court held that:
1. The declaration in Resolution No. 2 that the office of Delegate is “compatible with any other public office” is a mere declaration that does not preclude Congress, in the exercise of its legislative power, from imposing restrictions, provided they do not contravene the Constitution. There is no inconsistency between this declaration and Section 4 of R.A. 6132.
2. Sections 4 and 8(a), paragraph 2, are in accord with Section 2, Article XII of the Constitution, which prohibits civil service officers and employees, including members of the armed forces, from engaging in partisan political activities.
3. The intent of Congress (as a constituent assembly) in Resolution No. 2, read together with its reference to election under the Revised Election Code (which has provisions for automatic cessation of appointive officials and resignation of elective officials running for another office), supports the condition in Section 4.
4. Section 4 does not constitute discriminatory legislation. The classification between government officials/employees and persons outside government is germane to the Act’s purpose and based on substantial differences. Government officials are not absolutely barred; they may run if they relinquish their positions. This condition is imposed for public interest, including preventing the use of official advantages for candidacy and avoiding disruption of public service during the potentially long Convention.