Mariano vs COMELEC; G.R. No. L-118577; 07 Mar 1995; 242 SCRA 211
FACTS:
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.
ISSUE(S):
Whether or not there is an actual case or controversy to challenge the constitutionality of the questioned provisions of RA 7854.
HELD:
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.
