PLJ volume 37 number 1 -01- Deogracias Eufemio

of the Commissionthat with the amendatory law, it could now exercise
more ample discretion in refusing to give due course to certificates
of candidacy, was shattered. The authority conferred, as construed
by the Court, proved to be less than expected.
(b) Sec. 2! of Rep. Act No. 3036 states:
"SEC.2. Subsection sixteen of Section one hundred forty-nine of the
same Code is amended to read as follows:
"16. When there are two or more ca,ndidates for ,an office with the
same name andl/or surname, the voter shall, in order that his vote may
be counted, add the correct name, surname or initial that will identify
the candidate for whom he votes: PrQVided, That when two or more candidates
have the same surname and one of them is seeking reelection, a
ballot wherein only .such surname is written shall be counted in favor of
the candida;teseeking reelction."
In the case of Manuel Cuenca v. Com. on Elections,ll8 petitioner
alleged that he is a candidate for congressman for the Fifth Representative
District of Cebu in the November 14, 1961 election; that
Rep. Miguel Cuenco, the incumbent thereof, is also a candidate seeking
reelection for the same office. He contended that Sec. 2 of Rep.
Act No. 3036, particularly the proviso "that when two or more candidates
have the same surname and one of them is seeking reelection,
a ballot wherein only such surname is written shall be counted in
favor of the candidate seeking reelection," is unconstitutional, on
the following grounds: First, it denies other candidates (not incumbents
seeking reelection), including petitioner, the "equal protection
of the laws." 11.9 The questioned proviso partakes of class legislation
because the classification of candidates seeking reelection as
against all other candidates is unreasonable, arbitrary and not based
on substantial distinctions; indeed, all candidates must sta,nd before
the electorate on equal footing. Second, the said provision subverts
the right to vote. It presumes that the voter intended to vote for
the reelectionist-candidate when the contrary may be the,true intention.
On Sept. 11, 1961, the Supreme Court promulgated a minute
resolution:
"The petition for certiorari with a prayer for preliminary injunction
in case L-18839 (Dr. Manuel Cuenco vs. The Commissionon Elections)
is DISMISSED; the legislative has power to promulgate rules on presumptions."
•••8 G.R. No.L-18839 (certiorari with injunction) dismissed by Resoiution of the Court dated
Sept. 11, 1961; motion for reconsideration denied on Oct. 2, 1961.
lll> PHlL. CONST.Art. III. see. 1 (1). "No person shall be deprived of life, liberty, 'lIr' property
without due process of law, nor shall any person be denied the equal protection of the law••••