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CD Kay Villegas
CD Kay Villegas
IN THE MATTER OF THE PETITION FOR THE DECLARATION OF THE PETITIONER'S RIGHTS
AND DUTIES UNDER SEC. 8 OF R.A. No. 6132.
FACTS:
Kay Villegas Kami, Inc. is a non-stock and non-profit corporation that intends to pursue its purposes by
supporting delegates to the Constitutional Convention who will propagate its ideology. However, Sec. 8
of R. A. No. 6132 prohibits an organization from supporting candidates for delegates to the convention.
Kay Villegas Kami filled this petition for declaratory relief to question the validity of this provision.
ISSUE:
Whether or not Sec. 8 of R. A. No. 6132 is unconstitutional due to violating the due process of
association, and freedom of expression.
HELD:
No. The constitutional inhibition refers only to criminal laws which are given RETROACTIVE EFFECT. Since
Sec. 8 of R. A. No. 6132 is to be given PROSPECTIVE EFFECT. The penalties will apply only to the
violations committed after the said approval. The constitutional inhibition on ex post facto shall not
apply.