BANAT party-list v. COMELEC (G.R. No. 177508, August 7, 2009.

595 SCRA
477)
Facts:
The case is a Special Civil action filed by BANAT (Barangay Association for
National Advancement and Transparency) party-list, a duly accredited multisectoral organization, assailing the constitutionality of R.A. 9363i iiand
enjoining the COMELEC and from implementing the statute. R.A. 9363 is a
consolidation of Senate bill and House bill passed by the Senate and signed
by the President.
Issue:
Is R.A. 9363 constitutional?
Ruling:
The petition was dismissed for lack of merit.
Topic related discussion:
STATUTES-It is settled that every statute is presumed to be constitutional.
The presumption is that the legislature intended to enact a valid, sensible
and just law. Those who petition the Court to declare a law unconstitutional
must show that there is a cleared and unequivocal breach of the
Constitution, not merely a doubtful, speculative or argumentative one;
otherwise, the petition must fail.
TITLE OF BILLS- The constitutional requirement that every bill passed by
the Congress shall embrace shall embrace o0nly one subject which shall be
expressed in the title thereof has always been given a practical rather than
technical construction. The requirement is satisfied if the title is
comprehensive enough to include subjects related to the general purpose
which he statute seeks to achieve. A title which declares a statue to be an
act amend a specified code is sufficient and the precise nature of the
amendatory ct need not be further stated.

An Act Amending R.A No. 8436, Entitled AN AT AUTHORIZING THE COMMISSION ON ELECTIONS
TO USE AN AUTOMATED ELECTION SYSTEM IN THE MAY 11, 1998 NATIONAL OR LOCAL ELECTIONS
AND IN SUBSEQUENT NATIONAL AND LOCAL ELECTORAL EXERCISES, TO ENCOURAGE
TRANSPARENCY, CREDIBILITY, FAIRNESS AND ACCURACY OF ELECTIONS, AMENDING FOR THE
PURPOSE BATAS PAMBANSA BLG. 881, AS AMENDED, REPUBLIC ACT NO. 7166 AND OTHER
RELATED ELECTION LAWS, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES Approved
on 23 January 2007.
ii
R.A 9363 Section 26(1) in violation of Article VI; R.A. 9363 Sections 37 and 38 of in violation of
Section 17, Article VI and Par. 7, Section 4, Article VII of the Constitution; R.A 9363 Section 43 in
violation of Section 2 (6) Article IX-C of the Constitution; and R.A. 9363 Section 34 in violation
section 10, Article III of the Constitution.