Dumlao vs COMELEC; G.R. No. L-52245; 22 Jan 1980; 95 SCRA 392

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Patricio Dumlao was the former governor of Nueva Vizcaya. He has already retired from his office and has been receiving retirement benefits therefrom. In 1980, he filed for reelection to the same office. Meanwhile, Congress enacted Batas Pambansa Blg. 52. Dumlao assailed the law averring that it is a class litigation.

Whether or not Dumlao, Igot and Salapantan have a cause for action.

NO. The constitutionality of an act of the legislative will not be determined by the Courts unless that question is properly raised and presented in appropriate cases an dis necessary to the determination of all cases. Neither of the petitioners have been called to have been adversely affected by the operation of the statutory provisions they assail as unconstitutional. They do not have personal or substantial interest at stake.

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