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

FACTS:
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 re-election for the same office. Meanwhile, Batas Pambansa Blg. 52 was enacted, Section 4 of which disqualifies any retired elective provincial, city or municipal official who has received payment of the retirement benefits to which he is entitled under the law and who shall have been 65 years old at the commencement of the term of office to which he seeks to be elected from running for the same elective local office from which he has retired.

ISSUE(S):
Whether or not Paragraph 1, Section 4, Batas Pambansa Blg. 52 violates the equal protection and due process guarantee of the Constitution.

RULING:
NO. The purpose of the law is to allow the emergence of younger blood in local governments. The classification in question being pursuant to that purpose, it cannot be considered invalid. The need for new blood assumes relevance.

Paragraph 1, Section 4, Batas Pambansa Blg. 52 is declared VALID. Portion of Paragraph 2, Section 4, Batas Pambansa Blg. 52 is declared NULL AND VOID.

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Category: Legal Chyme

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