E-08557 Concurring and Dissenting Opinion: Senior Associate Justice Marvic M.V.F. Leonen — Official PDF

Concurring and Dissenting Opinion 16 G.R. No. E-08557 Ultimately, the power to determine how long public officials may serve must remain subordinate to the sovereign people’s right to decide who will represent them. The Constitution entrusts us with a reading that does not weaken our democracy. Our people rely on this Court's courage to do what it should: not to give those with the power to legislate an extension a greater say than our electorate in who should govern. That to me is neither democracy nor the essence of a representative government. For these reasons, | dissent from the majority that Republic Act No. 12326 does not infringe the constitutional right of suffrage.*! Except for the new term of office in Section | and the capability-building provision in Section 4, the rest of this law, in my view, is unconstitutional. The elections should continue as scheduled. The new five-year term of office should apply to the next elected officials, not the incumbents. | urge this Court to do better and protect the sacred fundamental covenant of suffrage. We owe the people that much. ACCORDINGLY, | vote to PARTIALLY GRANT the Petition for Certiorari and Prohibition and to DECLARE Sections 2, 3, 5, 6, 7 of Republic Act No. 12326 UNCONSTITUTIONAL for violating the right of suffrage. MARVI@M.V.F. LEONEN Senior Associate Justice CERTIFIED TRUE COPY MARIA CECILIA M. CAPUNPON Deputy Clerk of Court OCC-En Banc, Supreme Court 1 See ponencia, pp. 19-20.