Law School Noob: [CASE DIGEST] Risos-Vidal v. COMELEC (G.R.No.206666)

Wednesday, October 12, 2022

[CASE DIGEST] Risos-Vidal v. COMELEC (G.R.No.206666)

January 21, 2015

This was a case filed by Atty. Alicia Risos-Vidal challenging the constitutionality of Section 40 of the Local Government Code (LGC), which prohibits persons convicted of certain crimes from running for or holding public office.

Risos-Vidal argued that Section 40 is unconstitutional because it violates the equal protection clause of the Constitution. She argued that the provision is discriminatory because it only applies to persons convicted of certain crimes, while other persons convicted of crimes are not prohibited from running for or holding public office.

The Supreme Court held that:

Section 40 of the LGC violates the equal protection clause of the Constitution because it singles out certain persons convicted of crimes for special treatment.
Section 40 is not rationally related to a legitimate government interest.
The right to run for and hold public office is a fundamental right that should not be denied on the basis of a discriminatory provision.

The Supreme Court agreed with Risos-Vidal and struck down Section 40 as unconstitutional. The Court held that the provision is discriminatory because it singles out certain persons convicted of crimes for special treatment. The Court also held that the provision is not rationally related to a legitimate government interest.

The decision in Risos-Vidal v. COMELEC is a significant decision that has implications for the right to run for and hold public office in the Philippines. The decision ensures that all persons convicted of crimes, regardless of the crime, are treated equally under the law.

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