Mariano vs COMELEC; G.R. No. L-118577; 07 Mar 1995; 242 SCRA 211

Petitioners assail certain provisions of RA 7854, Section 51 on the ground that it attempts to alter or restart the “3-consecutive term” limit for local elective officials, disregarding the term previously served by them which collides with Section 8, Article X and Section 7, Article VI of the Constitution.

Whether or not there is an actual case or controversy to challenge the constitutionality of the questioned provisions of RA 7854.

The requirements before a litigant can challenge the constitutionality of a law are well delineated: there must be an actual case or controversy; the question of constitutionality must be raised by the proper party; the constitutional question must be raised at the earliest possible opportunity; the decision on the constitutional question must be necessary to the determination of the case itself.

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Category: Legal Chyme

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