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E-08557 Concurring and Dissenting Opinion: Senior Associate Justice Marvic M.V.F. Leonen — Official PDF
G.R. No. E-08557 — Promulgated October 14, 2026 · 2026 · Supreme Court 2026 / Separate opinion
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Concurring and Dissenting Opinion 3 G.R. No. E-08557
recognized that the right to vote encompasses expressing political preferences
and influencing the choices of others.|”
Thus, the constitutional protection of suffrage extends beyond the
opportunity to cast a ballot. Suffrage, ifit is a bedrock of democracy, requires
genuine, periodic elections through which the people may meaningfully
exercise their sovereign authority and hold their representatives accountable.......
I
The State’s power to enact laws and regulations is subject to the
requirement of due process, as guaranteed under Article III, Section 1 of the
Constitution:
SECTION 1. No person shall be deprived of life, liberty, or property
without due process of law, nor shall any person be denied the ‘equal
protection of the laws.
As the majority notes, substantive due process requires that legislation
serves a legitimate governmental purpose and employs means that are.
reasonably necessary to accomplish that purpose, without being unduly
oppressive.!? :
In Aguilar v. Bangko Sentral ng Pilipinas,'* this Court stated that a law
is. presumed valid and constitutional absent proof of clear. and unequivocal
breach of the Constitution. Accordingly, every presumption is indulged in
favor of a .law’s constitutionality, and the burden rests upon the party
challenging its validity to establish its incompatibility with the Constitution
beyond a reasonable doubt.'*
In this case, petitioner has not sufficiently discharged this burden. His
objections principally question the adequacy of the legislative reasons for
extending the terms of barangay and Sangguniang Kabataan officials, the
absence of a study demonstrating the insufficiency of the previous term, and
the availability of an alternative arrangement that would preserve’ the
November 2026 elections. '®
Petitioner’s present objections are insufficient to overcome the
presumption of constitutionality. They principally raise questions concerning .
the wisdom of the legislative measure, without sufficiently demonstrating,
2 {d. at 332.
5 Ponencia, p. 17. See also Flores-Concepcion v. Judge Castaneda, 884 Phil. 66, 94 (2020) [Per J. Leonen,
En Banc]. st , ‘ ‘
4 962 Phil. 61 (2025) [Per SAJ. Leonen, Second Division].
'S Id. at 92-93.
Petition for Certiorari and Prohibition, pp. 18-19.
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