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

Concurring and Dissenting Opinion 2 G.R. No. E-08557 concur that petitioner has not shown that the law is unduly oppressive or arbitrary, or violative of due process? With respect however, I dissent from the majority’s finding that the right to suffrage was not infringed upon when applied to incumbent elected officers:’ The constitutional authority to determine the duration of public office does not include a power to prolong incumbency at the expense of the“ electorate’s right to choose their representatives. Article II, Section 1 of the Constitution fundamentally declares that “(t]he Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.”> The people, exercise their sovereignty, among others, by electing their representatives.° , The right to suffrage lies at the heart of our democracy. Palatino v. Commission on Elections’ emphasized that the Constitution zealously guards the right to choose one’s leaders and to: participate in national and local’ . elections... Preserving this right ensures that governmental authority continues to emanate from the consent of the governed. Similarly, in. Pabillo v. Commission on Elections,? this Court recognized elections as an indispensable opportunity for the peaceful transition of power and our people’s pursuit of a better future.'° Even international law recognizes the importance of suffrage. Article 21 of the Universal Declaration of Human Rights provides that the will of the- people shall constitute the basis of governmental authority, expressed through periodic and genuine elections. Article 25(b) of the International Covenant on Civil and Political Rights similarly guarantees every citizen the right and opportunity, without unreasonable restrictions, to vote and to be elected in genuine periodic elections. Suffrage is closely intertwined with freedom of speech and expression. In The Diocese of Bacolod v. Commission on Elections," this Court See ponencia, p. 18. 4 Id, at 19-20. J. Leonen, Separate. Opinion in Disini, Jr., v. Secretary of Justice, 727 Phil. 28, 355 (2014) [Per J. Abad, En Banc]. Id. 6 7 623 Phil. 159 (2009) [Per J. Carpio Morales, En Banc]. 8 Id.at 164-165. ° .758 Phil. 806 (2015) [Per J. Perlas-Bernabe, En Banc]. 10 “Jd. at 838. 751 Phil: 301 (2015) [Per J. Leonen, En Banc].