In this light there is also no violation of

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In this light, there is also no violation of procedural due process since the COMELEC En Banc would be acting in a purely administrative manner. Administrative power is concerned with the work of applying policies and enforcing orders as determined by proper governmental organs. As petitioner’s disqualification to run for public office had already been settled in a previous case and now stands beyond dispute, it is incumbent upon the COMELEC En Banc to cancel his CoC as a matter of course, else it be remiss in fulfilling its duty to enforce and administer all laws and regulations relative to the conduct of an election. It is petitioner’s submission that Article 30 of the RPC was partially amended by Section 40(a) of the LGC and thus, claims that his perpetual absolute disqualification had already been removed. The argument is untenable. Well-established is the rule that every new statute should be construed in connection with those already existing in relation to the same subject matter and all should be made to harmonize and stand together, if they can be done by any fair and reasonable interpretation. The Court observes that the conflict between these provisions of law may be properly reconciled. In particular, while Section 40(a) of the LGC allows a prior convict to run for local elective office after the lapse of two (2) years from the time he serves his sentence, the said provision should not be deemed to cover cases wherein the law imposes a penalty, either as principal or accessory, which has the effect of disqualifying the convict to run for elective office . An example of this would be Article 41
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POLITICAL LAW CASE DIGESTS 149 of the RPC, which imposes the penalty of perpetual absolute disqualification as an accessory to the principal penalties of reclusion perpetua and reclusion temporal . In this relation, Article 30 of the RPC, as earlier cited, provides that the penalty of perpetual absolute disqualification has the effect of depriving the convicted felon of the privilege to run for elective office. To note, this penalty, as well as other penalties of similar import, is based on the presumptive rule that one who is rendered infamous by conviction of a felony, or other base offense indicative of moral turpitude, is unfit to hold public office , as the same partakes of a privilege which the State grants only to such classes of persons which are most likely to exercise it for the common good. Pertinently, it is observed that the import of Article 41 in relation to Article 30 of the RPC is more direct and specific in nature insofar as it deprives the candidate to run for elective office due to his conviction as compared to Section 40(a) of the LGC which broadly speaks of offenses involving moral turpitude and those punishable by one (1) year or more of imprisonment without any consideration of certain disqualifying effects to one’s right to suffrage. Accordingly, Section 40(a) of the LGC should be considered as a law of general application and therefore, must
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  • Winter '15
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