G.R. No. 45937 ; February 25, 1938
Juan Cailles, petitioner, vs. Arsenio Bonifacio, respondent.

FACTS

Petitioner Juan Cailles filed an original action for quo warranto to oust respondent Arsenio Bonifacio from the office of Provincial Governor of Laguna. Cailles alleged that Bonifacio was ineligible because, at the time he filed his certificate of candidacy and was elected, he was a captain in the reserve force of the Philippine Army. The petition argued two grounds: (1) disqualification under section 431 of the Election Law, and (2) prohibition under section 2, Article XI of the 1935 Constitution and section 449 of the Election Law, which bar members of the armed forces from engaging in partisan political activity or taking part in any election except to vote.

ISSUE

Whether a member of the reserve force of the Philippine Army is ineligible to hold the elective office of provincial governor.

RULING

No. The Supreme Court dismissed the petition.

On the first ground, the Court held that section 431 of the Election Law, as amended, disqualifies from voting only members in the active service of the Philippine Army. Since Bonifacio was in the reserve force and not in active service, he was not disqualified from voting. Being a qualified elector and possessing the other required qualifications, he was not ineligible for the office.

On the second ground, the Court interpreted section 2, Article XI of the Constitution . The prohibition against members of the armed forces engaging in partisan political activity or taking part in any election except to vote was intended to apply only to those in the active service. A contrary interpretation would disqualify a vast number of able-bodied male citizens (reservists) from holding elective office, an unreasonable result not intended by the Constitutional Convention. The Court did not rule on the effect of Bonifacio’s certificate of candidacy automatically vacating his reserve position, as it was unnecessary given the disposition.

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