Occena v COMELEC; G.R. No. L-60258; 31 Jan 1984; 127 SCRA 404

in Legal Chyme by

Petitioner challenges the constitutionality of some sections of the Barangay Election Act of 1982 (BP Blg. 222) which prohibits any political party, political group, political committee from intervening in the barangay election.

Whether or not the ban on the intervention of political parties in the barangay election violates the right to form associations.

NO. The right to form associations or societies for purposes not contrary to law is neither absolute nor illimitable; it is always subject to the pervasive and dominant police power of the state and may constitutionally be regulated or curtailed to serve appropriate and important public interests. Political parties may freely be formed although there is a restriction on their activities. But the ban is narrow, not total. It operates only on concerted or group action of political parties. Members of political and kindred organizations, acting individually, may intervene in the barangay election.

Petition is DENIED.

Leave a Reply

Your email address will not be published.


This site uses Akismet to reduce spam. Learn how your comment data is processed.