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Manila Prince Hotel, Petitioner V Gsis, Respondent (DIGEST)
Manila Prince Hotel, Petitioner V Gsis, Respondent (DIGEST)
ISSUE:
RULING:
Under the Constitution (Article II, Section 26), "the State Obviously, the provision is not intended to compel the
shall guarantee equal access to opportunities for public State to enact positive measures that would
service xxx." Would the Comelec's act of disqualifying accommodate as many people as possible into public
the so-called "nuisance" candidates violate this office. Moreover, the provision as written leaves much
constitutional provision? to be desired if it is to be regarded as the source of
positive rights. It is difficult to interpret the clause as
operative in the absence of legislation since its effective
means and reach are not properly defined. Broadly
written, the myriad of claims that can be subsumed
CASE DIGEST under this rubric appear to be entirely open-ended.
Words and phrases such as "equal access,"
"opportunities," and "public service" are susceptible to
countless interpretations owing to their inherent
Rev. Ely Velez Pamatong Vs. Commission on impreciseness. Certainly, it was not the intention of the
Elections framers to inflict on the people an operative but
G.R. No. 161872, April 13, 2004 amorphous foundation from which innately
unenforceable rights may be sourced.