Leon G. Maquera in His Own Behalf As Petitioner. Ramon Barrios For Respondents

MAQUERA V. BORRA 4. That the effect of said Republic Act No.
4421 is, therefore, to

prevent or disqualify from running for President, Vice-President,
Senator or Member of the House of Representatives those
persons who, although having the qualifications prescribed by the
Constitution therefore, cannot file the surety bond
Republic of the Philippines aforementioned, owing to failure to pay the premium charged by
SUPREME COURT the bonding company and/or lack of the property necessary for
Manila said counter-bond;
EN BANC 5. That said Republic Act No. 4421 has, likewise, the effect of
disqualifying for provincial, city or municipal elective offices,
G.R. No. L-24761 September 7, 1965 persons who, although possessing the qualifications prescribed by
law therefor, cannot pay said premium and/or do not have the
property essential for the aforementioned counter-bond;
LEON G. MAQUERA, petitioner,
vs.
JUAN BORRA, CESAR MIRAFLOR, and GREGORIO SANTAYANA, in their 6. That said Republic Act No. 4421 has, accordingly, the effect of
respective capacities as Chairman and Members of the Commission on imposing property qualifications in order that a person could run
Elections, and the COMMISSION ON ELECTIONS,respondents. for a public office and that the people could validly vote for him;
--------------------------- 7. That said property qualifications are inconsistent with the

nature and essence of the Republican system ordained in our
Constitution and the principle of social justice underlying the
G.R. No. L-24828 September 7, 1965
same, for said political system is premised upon the tenet that
sovereignty resides in the people and all government authority
FELIPE N. AUREA and MELECIO MALABANAN, petitioners, emanates from them, and this, in turn, implies necessarily that
vs. the right to vote and to be voted for shall not be dependent upon
COMMISSION ON ELECTIONS, respondent. the wealth of the individual concerned, whereas social justice
presupposes equal opportunity for all, rich and poor alike, and
Leon G. Maquera in his own behalf as petitioner. that, accordingly, no person shall, by reason of poverty, be denied
Ramon Barrios for respondents. the chance to be elected to public office; and
RESOLUTION 8. That the bond required in Republic Act No. 4421 and the
confiscation of said bond are not predicated upon the necessity of
defraying certain expenses or of compensating services given in
connection with elections, and is, therefore, arbitrary and
oppressive.
PER CURIAM:
The Court RESOLVED, without prejudice to rendering an extended decision,
Upon consideration of case G.R. No. L-24761, "Leon G. Maquera vs. Juan to declare that said Republic Act No. 4421 is unconstitutional and hence null
Borra, et al.," and case G.R. No. L-24828, "Felipe N. Aurea and Melecio and void, and, hence, to enjoin respondents herein, as well as their
Malabanan vs. Commission on Elections," and it appearing: representatives and agents, from enforcing and/or implementing said
constitutional enactment.
1. That Republic Act No. 4421 requires "all candidates for

national, provincial, city and municipal offices" to post a surety Bautista Angelo, Concepcion, Reyes, J.B.L., Dizon., Makalintal and Zaldivar,
bond equivalent to the one-year salary or emoluments of the JJ., concur.
position to which he is a candidate, which bond shall be forfeited Bengzon, C.J., took no part.
in favor of the national, provincial, city or municipal government Barrera, J., is on leave.
concerned if the candidate, except when declared winner, fails to
obtain at least 10% of the votes cast for the office to which he has
filed his certificate of candidacy, there being not more than four
(4) candidates for the same office;"
2. That, in compliance with said Republic Act No. 4421, the

Commission on Elections had, on July 20, 1965, decided to require
all candidates for President, Vice-President, Senator and Member
of the House of Representatives to file a surety bond, by a
bonding company of good reputation, acceptable to the
Commission, in the sums of P60,000.00 and P40,000.00, for
President and Vice-President, respectively, and P32,000.00 for
Senator and Member of the House of Representatives;
3. That, in consequence of said Republic Act No. 4421 and the

aforementioned action of the Commission on Elections, every
candidate has to pay the premium charged by bonding
companies, and, to offer thereto, either his own properties,
worth, at least, the amount of the surety bond, or properties of
the same worth, belonging to other persons willing to
accommodate him, by way of counter-bond in favor of said
bonding companies;

Leon G. Maquera in His Own Behalf As Petitioner. Ramon Barrios For Respondents

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MAQUERA V. BORRA 4. That the effect of said Republic Act No.

4421 is, therefore, to

--------------------------- 7. That said property qualifications are inconsistent with the

1. That Republic Act No. 4421 requires "all candidates for

2. That, in compliance with said Republic Act No. 4421, the

3. That, in consequence of said Republic Act No. 4421 and the

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