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19 Comelec Vs Conrado Cruz
19 Comelec Vs Conrado Cruz
which states that “No barangay elective official shall serve for more than 3
consecutive terms in
the same position: Provided however, that the term of office shall be reckoned from
the 1994
barangay elections. Voluntary renunciation of office for any length of time shall
not be
considered as an interruption in the continuity of service for the full term for
which the elective
Before the 2007 Synchronized Barangay and SK Elections, some of the then
incumbent
officials of several barangays of Caloocan City filed with the RTC a petition for
declaratory
ISSUE:
Whether or not the provision in Section 2 of RA 9164 is violative of the
equal protection
RULING:
The equal protection clause is under Sec 2 Art III of the Constitution which
provides:
“Nor shall any person be denied the equal protection of the laws.” This is however
considering
equality under the same conditions and among persons similarly situated. The law
can treat
barangay officials differently from other local elective officials because the
Constitution itself
Constitution provides for a 3-year term and 3-term limit for local elective
officials, it left the
length of term and the application of the 3-term limit or any form of term
limitation for