In Re. Kay Villegas Kami, Inc. 1970
G.R. No. L-32485 October 22, 1970
IN THE MATTER OF THE PETITION FOR THE DECLARATION
OF THE PETITIONER'S RIGHTS AND DUTIES UNDER SEC. 8 OF R.A. No. 6132.
KAY VILLEGAS KAMI, INC., petitioner.
Facts of the Case:
Petitioner intends to pursue its
purposes by supporting delegates to the Constitutional Convention who will
propagate its ideology. However, Under Sec. 8(a) of R.A. No. 6132 states:
No candidate
for delegate to the Convention shall represent or allow himself to be
represented as being a candidate of any political party or any other
organization, and no political party, political group, political committee,
civic, religious, professional, or other organization or organized group of
whatever nature shall intervene in the nomination of any such candidate or in
the filing of his certificate of candidacy or give aid or support, directly or
indirectly, material or otherwise, favorable to or against his campaign for
election…
A petition for a declaratory
relief was filed by Kay Villegas Kami, Inc., claiming to be a duly recognized
and existing non-stock and non-profit corporation created under the laws of the
land, and praying for a determination of the validity of Sec. 8 of R.A. No.
6132 and a declaration of petitioner's rights and duties thereunder to pursue
its purposes by supporting delegates to the Constitutional Convention.
Issues: 1. Whether or not R.A. No. 6132 is
an ex post facto law.
2. Whether or not the R.A No. 6132 is
constitutional.
Held:
1. No. R.A. No. 6132 is not an ex
post facto law. Though Section 18 of R.A. No. 6132, provides for a penalty
clause, the penalty is imposed only for acts committed after the approval of
the law and not those perpetrated prior thereto.
2. Yes. It does not violate freedom
of expression, freedom of association, freedom of assembly and equal protection
clauses. It is designed to prevent the clear and present danger of the
prostitution of electoral process and denial of the equal protection of the
laws.
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