MONTESCLAROS VS COMELEC - On March 11, 2002, petitioners filed an instant petition for
G.R. No. 152295, July 9, 2002 certiorari, prohibition, and mandamus with prayer for a
Justice Carpio
HISTORICAL BACKGROUND:
- The Sangguniang Kabataan (SK) was originally established
by P.D. No. 684 as the Kabataang Barangay (KB). The KB
was composed of barangay residents who were less than 18
years of age.
- The Local Government Code of 1991 (R.A. 7160) renamed
the KB to SK and limited SK membership to those youths at
least 15 but not more than 21 years of age. Both the SK and
the KB are geared towards the youth’s expression,
empowerment, and development.
FACTS OF THE CASE:
- On February 18, 2002, Petioner Antoniette V.C. Montesclaros
sent a letter to the COMELEC demanding that SK elections
be held as scheduled on May 6, 2002
- On February 20, 2002, COMELEC Chair, Alfredo L. Benipayo
wrote letters to the Speaker of the House and Senate
President stating the operational difficulty of holding both
Barangay and SK Elections on May 2002. Benipayo
expressed support for the Senate Bill of Franklin Drilon which
proposed to hold the Barangay elections on May 2002 and
postpone the SK elections to November 2002
- On February 5, 2002, the petitioners received a copy of
COMELEC En Banc Resolution No. 4763 recommending to
Congress the postponement of the SK elections to November
2002
- On March 6, 2002, the Senate and the House of
Representatives passed bills – Senate Bill No. 2050 and
House Bill No. 4456. The consolidated version of the bills
sought to postpone the SK and Barangay elections to July 15,
2002, and to lower the membership age in the SK to at least
15 but not more than 18 years of age.
temporary restraining order or preliminary injunction seeking
to;
- Prevent the postponement of the SK elections on
May 6, 2002, or reset the SK elections to any date not
later than July 15, 2002
- Prevent the reduction of the age requirement for
membership in the SK
- Protect their right to vote and be voted for in the SK
elections since the petitioners are already above 18
- Address the alleged malicious connivance of the
respondents in their postponement of the SK
elections and the lowering of the SK’s membership
age
- On March 19, 2002, the President signed the consolidated bill
into law – RA 9164 – hence instituting a lowered membership
age for the SK and synchronizing the SK and Barangay
elections on July 15, 2002
- The COMELEC promulgated Resolution No. 4486, the rules
and regulations for the synchronized SK and Barangay
elections on July 15, 2002.
ISSUES:
1. W/N the petitioners have a personal and substantial interest
in maintaining the suit
2. W/N the petitioners raised an actual controversy requiring
judicial review
3. W/N the petitioners questioned the constitutionality of RA
9164
4. W/N the COMELEC gravely abused its discretion in its
abeyance to the postponement of the SK elections
HOLDING AND RATIO:
1. NO.
Petitioners have no substantial interest in maintaining the suit.
The passage of RA 9164 exclusivized SK membership to
 those individuals above 15 and below 18. Thus, the
petitioners, who are not in said age-range, cannot participate
in the July 15, 2002 SK elections.
2. NO.
The petitioners were amenable to the resetting of the SK
elections to any date not later than July 15, 2022. Since RA
9164, reset the SK elections to July 15, 2002, there is no
actual controversy requiring judicial intervention.
Moreover, Petitioners prayed to prevent Congress from
enacting into law a proposed consolidated bill lowering the SK
membership age and postponing the SK elections. It must be
noted that a proposed bill is not subject to judicial review
because: (1) it creates no right or imposes no duty legally
enforceable by the court, (2) deciding upon the
constitutionality of a bill would be in the nature of rendering an
advisory opinion on a proposed act of Congress, (3)
separation of powers between the branches of government
restrains the court from intervening upon and assuming the
powers of the legislative.
Under RA 9164, Congress merely restored the age
requirement stated in P.D. 684. The petitioners do not have a
vested right to the permanence of the age of requirement
under the Local Government Code of 1991. Every law passed
by Congress is subject to amendment or repeal by Congress.
3. NO.
The court can only allow the petitioners to vote and be voted
for in the July 15, 2002 SK elections, if RA 9164 is declared
unconstitutional. However, petitioners failed to raise such
question.
Nonetheless, the petitioners claimed that SK membership is a
“property right within the meaning of the Constitution” since
certain public offices (e.g. through membership in the
Sangguniang Barangay) are “reserved” for SK officers.
However, as evidenced by RA 9164, Congress exercises the
power to prescribe the qualifications of SK membership.
Hence, SK membership is not a property right protected by
the Constitution but a mere statutory right conferred by law. A
public office is a public trust and no one has proprietary right
to a public office.
4. NO
Absent claims of unconstitutionality, RA 9164 is now the law
that prescribes the qualifications of candidates and voters for
SK elections. The COMELEC’s acts pursuant to RA 9164
enjoy the presumption of regularity because the COMELEC
simply exercised its power and duty to “enforce and
administer all laws and regulations relative to the conduct of
an election” and to “recommend to Congress effective
measures to minimize election spending” (Art 9, 1987
Constitution).
The petitioners’ contention that the postponement of the SK
elections would allow the incumbent SK to perpetuate
themselves in power, deserves scant consideration. RA 9164
contains a hold-over provision which allows incumbent SK
officers to remain in power until their successors have been
elected or qualified on July 15, 2002.
RULING:
The petition is dismissed for utter lack of merit