G.R. No. L-32546 and L-32551, October 17, 1970.
ANACLETO D. BADOY, JR., petitioner, vs. JAIME N. FERRER, Chairman, CESAR MIRAFLOR, and LINO M. PATAJO, Members, Commission on Elections, respondents.

FACTS

The case involves consolidated petitions (G.R. No. L-32546 and G.R. No. L-32551) filed by Anacleto D. Badoy, Jr. against the Commission on Elections (COMELEC) and its members. The specific legal challenge pertained to the constitutionality of Section 12(F) of Republic Act No. 6132 . The Supreme Court, sitting en banc, deliberated on the matter. Chief Justice Roberto Concepcion was on official leave and did not participate in the proceedings.

ISSUE

The central issue was the constitutionality of Section 12(F) of Republic Act No. 6132 .

RULING

Acting Chief Justice J.B.L. Reyes certified the result of the Court’s voting. The Justices were evenly split, with five (5) votes in favor of the provision’s constitutionality and five (5) votes against it. In accordance with Section 10, Article VIII of the then-operative Constitution, which provides that a statute’s constitutionality is upheld if the requisite majority is not obtained for its nullification, the constitutionality of Section 12(F) of Republic Act No. 6132 was deemed upheld. Consequently, the petitions filed by Anacleto D. Badoy, Jr. were DENIED.