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Occena Vs Comelec

1) This case involves a petition challenging the constitutionality of sections 4 and 22 of the Barangay Election Act of 1982, which prohibits candidates in barangay elections from representing or allowing themselves to be represented as candidates of any political party. 2) The petitioner argues this ban violates the constitutional right to form associations. 3) The Supreme Court denies the petition, finding that while the right to form associations is constitutionally protected, it is also subject to regulation by the state in service of public interest, such as insulating the barangays as the basic political unit from partisan political influences.

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417 views1 page

Occena Vs Comelec

1) This case involves a petition challenging the constitutionality of sections 4 and 22 of the Barangay Election Act of 1982, which prohibits candidates in barangay elections from representing or allowing themselves to be represented as candidates of any political party. 2) The petitioner argues this ban violates the constitutional right to form associations. 3) The Supreme Court denies the petition, finding that while the right to form associations is constitutionally protected, it is also subject to regulation by the state in service of public interest, such as insulating the barangays as the basic political unit from partisan political influences.

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Anonymous Xhp28mToJ
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We take content rights seriously. If you suspect this is your content, claim it here.
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OCCEÑA VS.

COMELEC
G.R. NO. L-60258
JANUARY 31, 1984

FACTS:
This is petition for prohibition seeks the declaration as unconstitutional of Sections 4 and 22 of Batas
Pambansa Blg. 222, Barangay Election Act of 1982. It prohibits any candidate in the barangay election
from representing or allowing himself to be represented as a candidate of any political party. Section 4
provides that the barangay election shall be, non-partisan and shall be conducted in an expeditious and
inexpensive manner. The petitioner contends that the ban on the intervention of political parties in the
election of barangay official is violative of the constitutional guarantee of the right to form associations
and societies for purposes not contrary to law.

ISSUE:
Whether the questioned provisions are unconstitutional

HELD:
In Gonzales v. COMELEC, the right to form associations or societies for purposes not contrary to law
is neither absolute nor illimitable, it is always subject to pervasive and dominant police power and may
be regulated to serve public interest. In Imbong v COMELEC, restrictions imposed is constitutionally
permissible or not depends on the circumstances of each case. The issue is similar to paragraph 1
section 8 of RA 6132. Since the barangay is the basic unit of our politica structure, it is more prudent to
insulate the barangays from the influence of partisan politics. The restriction is imposed on barangay
elections so that the base of our political structure will not be subject to instability because of influence
of political forces. The petition is denied for lack of merit.

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