Adiaz, Narciso IV Krist T.

LLB4101 - Legal Technique

Atty. Ata

The issue is whether, under the facts presented, Rodrigo R. Duterte and his son Paolo Z. Duterte can be
disqualified on the grounds of Political Dynasty.

1. (Conclusion).

Rodrigo and Paolo Duterte can be held disqualified on the grounds of Political Dynasty.

2. (Rule).

Constitution, Art. II, Sec 26. - The state shall guarantee equal access to opportunities for public service,
and prohibit political dynaties as may be defined by law.

COMELEC Rules of Procedure

Rule 25, Section 1 Grounds for Disqualification - Any candidate who commits any act declared by law to
be grounds for disqualification may be disqualified from continuing as a candidate.

Rule 25, Section 2 Who May File Petition for Disqualification - Any citizen of voting age... may file with
the Law Department of the Commission a petition to disqualify a candidate on grounds provided by law.

Rule 25, Section 3 Period to File Petition - The petition shall be filed any day after the last day for filing of
certificates of candidacy but not later than the date of proclamation.

Political Dynasty - defined, a succession of rulers from the same line or family (Black's Law Dictionary)

Jurisprudence; Gamboa v. Teves, G.R. 176579, 28 June 2011 - "..Unless the contrary is clearly intended,
the provisions of the Constitution should be considered self-executing, as a contrary rule would give the
legislature discretion to determine when, or whether, they shall be effective.."

Arguement:

Both Duterte, father and son, can be defined as a succession of rulers from the same line or family.
Under the COMELEC Rules of Procedure it can be held that any candidate can be disqualified by the
grounds stated within, one being a political dynasty. The petitioners are all of legal age and are
registered voters, they filed the complain on February 5, 2013 which is days after the the closing for
filing of candidacy and days prior to the proclamation of winners. Under the jurisprudence of G.R.
176579 it can be held that the said provision of Article II, Sec. 26 of the Constitution is self-executory in
nature and is not contrary to law.

4. (Conclusion). This being the case, the facts as charged in the information confer the elements of Art.
II, Sec. 26 of the Constitution, COMELEC Rules on Procedures, definition of Political Dynaties, and the
Jurisprudence of Gamboa v. Teves, G.R. 176579, 28 June 2011. Father and Son Duterte are in violation of
Art. II, Sec 26 of the Constitution, and should be disqualified as candidates of the local government of
Davao City.