FACTS:
Nacionalista
Party (NP) filed a petition against Respondent San Luis of the Kilusang
Bagong
Lipunan
(KBL) for turncoatism.
When Respondent San Luis ran as Governor of Laguna under Liberal Party (LP) in
1972, he won. The normal expiry for the term was 1975, but it was extended
lawfully by the President. Now (1980) he is running for Governor again under
KBL. Under the law, “No elective public officer may change his political party
affiliation during his term of office…or within six months immediately
preceding or following an election.”
ISSUE:
W/N
COMELEC was correct in dismissing petition which contended that Respondent San
Luis should be disqualified from running due to turncoatism.
HELD:
No,
he cannot be disqualified. He did not change affiliations during his term. He
was expelled from the LP in 1978 and this can’t be construed as a willful
change of affiliation. At that time, no one even knew when the next elections
were, so Respondent could not have changed affiliations simply to anticipate
the next election. The constitutional prohibition cannot be applied to the
period beyond the frame-up (1971-1975) term to which public officials were
elected in 1971 because this would unduly impinge on freedom of association
guaranteed to all. Between two constructions, one of which would diminish or
restrict fundamental right of people and the other of which would not do so,
the latter construction must be adopted.
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