LEON G. MAQUERA, petitioner, vs.

JUAN BORRA, CESAR MIRAFLOR, and GREGORIO

SANTAYANA , in their respective capacities as Chairman and Members of the Commission on
Elections, and the COMMISSION ON ELECTIONS, respondents.
G.R. No. L-24761 | September 7, 1965| BENGZON, J.P.
DOCTRINE
ELECTION LAWS; REPUBLIC ACT NO. 4421 REQUIRING A CANDIDATE TO POST SURETY
BOND EQUIVALENT TO ONE-YEAR SALARY OF POSITION TO WHICH HE IS A CANDIDATE,
UNCONSTITUTIONAL. — Republic Act NO. 4421 requires a candidate to post a surety bond
equivalent to oneyear salary of the position to which he is a candidate, which bond shall be forfeited in
favor of the government, if the candidate, except when declared winner, fails to obtain at least 10% of the
votes cast for the office, there being not more than four candidates for the same office. The effect of said
Republic Act No. 4421 is to impose property qualifications in order that a person could run for a public
office, which property qualifications are inconsistent with the nature and essence of the Republican
system ordained in the Constitution and the principle of social justice underlying the same. Consequently,
Republic Act No. 4421 is unconstitutional and hence null and void.
FACTS
 Juan Borra, Cesar Miraflor, in their capacities as Chairman and Members of the COMELEC
 Leon G. Maquera, candidate for the election
 RA 4421 requires candidate to post a surety bond (equivalent to one-year salary of the position to
which he is a candidate)
o To impose property qualifications in order that a person could run for a public office
o Impostor being a pre-requisite before a person is qualified to run for a position in public
office, and validate that people could vote for him
o Unconstitutional and null and void

CA DECISION
The Court RESOLVED, without prejudice to rendering an extended decision, to declare that said
Republic Act No. 4421 is unconstitutional and hence null and void, and, hence, to enjoin
respondents herein, as well as their representatives and agents, from enforcing and/or
implementing said unconstitutional enactment.
ISSUES
W/N RA 4421 to require candidates post a security bond is constitutional
RULING
RA 4421 Found unconstitutional Inconsistent with the nature and essence of the Republican System
ordained in our constitution. The law Implies that the right to vote and to be voted for social shall not be
dependent upon the wealth of the individual concerned said bond are not predicated upon the necessity of
defraying certain expenses or of compensating services given in connection with elections, and is,
therefore, arbitrary and oppressive