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COMELEC
FACTS:
ISSUE:
HELD:
It is basic that the power of judicial review is
limited to the determination of actual cases and
controversies. The petitioner assails the constitutionality
of the said provision and seeks to prohibit the respondent
COMELEC from implementing such, yet the petitioner has not
been adversely affected by the application of that
provision. There is no ruling of that constitutional body
on the matter on which the court is being asked to review
on certiorari.
Courts are practically unanimous in the pronouncement
that laws shall not be declared invalid unless the conflict
with the Constitution is clear beyond reasonable doubt. It
is within the competence of the legislature to prescribe
qualifications for one who desires to become a candidate
for office provided they are reasonable, as in this case.
The constitutionality of paragraph 1 section 4 of Batas
Pambansa Blg. 52 is clear and unequivocal thus it does not
discriminate and violate the equal protection rights of the
petitioner.
The first paragraph of section 4 of Batas Pambansa Bilang
52 is declared VALID.