Dumlao vs Comelec

1980
Facts:
Igot and Salapatan, Jr. assail the validy to the statutory provision of BP 52, sec 4
which provides that any person who has committed any act of disloyalty to the
state, including acts amounting to subversion, insurrection, rebellion or other similar
crimes, shall not be qualified to be a candidate for any of the offices covered by this
Act or to participate in any partisan political activity. Provided that (1) a judgment of
conviction shall be a conclusive evidence of such fact; (2) the filing of the charges
for the commission of such crimes before civil court of military tribunal after
preliminary investigation shall be prima facie evidence of such fact.
Issue:
Whether or not the provision of the Election Code (2) is violative of right of the
accused?
Held:
The provision of the Election Code that the filing of charges for the commission of
crimes before a civil or military court shall be prima facie evidence of the
commission of an act of disloyalty to the State is void as it condemns a person
before he is finally heard.
The constitutional provision that in all criminal prosecutions, the accused shall be
presumed innocent until the contrary is proved, and shall enjoy the right to be
heard by himself and counsel.
The challenged proviso contravenes the constitutional presumption of innocence, as
a candidate is disqualified from running for public office on the ground alone that
charges have been filed against him before a civil and military tribunal.
It condemns before one is fully heard.