Case Digest: Gonzales vs. COMELEC, 27 SCRA 835 (1969)

           Freedom of Expression, Early Nomination | Constitutional Law


Law prohibits early nomination of candidates and limits period of election campaign.

Facts:
R.A. No. 4880 provides: "It shall be unlawful for any political party, political committee, or political group to nominate candidates for any elective public office voted for at large earlier
than one hundred and fifty days immediately preceding an election, and for any other elective public office earlier than ninety days immediately preceding an election."

Petitioners claim that "the enforcement of said Republic Act No. 4880 in question [would] prejudice [their] basic rights..., such as their freedom of speech, their freedom of assembly and their right to form associations or societies for purpose not contrary to law, guaranteed under the Philippine Constitution," and that therefore said act is unconstitutional.

Issue:
WoN the R.A. No. 4880 is unconstitutional.

Held: 
Republic Act No. 4880 cannot be declared unconstitutional.

Congress was called upon to seek remedial measures for the far-from-satisfactory condition arising from the too-early nomination of candidates and the necessarily prolonged, political campaigns. The direful consequences and the harmful effects on the public interest with the vital affairs of the country sacrificed many a time to purely partisan pursuits were known to all. Moreover, it is no exaggeration to state that violence and even death did frequently occur because of the heat engendered by such political activities. Then, too, the opportunity for dishonesty and corruption, with the right to suffrage being bartered, was further magnified.

Under the police power then, with its concern for the general welfare and with the commendable aim of safe-guarding the right of suffrage, the legislative body must have felt impelled to impose the foregoing restrictions. It is understandable for Congress to believe that without the limitations thus set forth in the challenged legislation, the laudable purpose of Republic Act No. 4880 would be frustrated and nullified. 

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