Back

Spouses Romualdez vs. Comelec [DISSENTING OPINION, CARPIO, J.]

SPOUSES CARLOS S. ROMUALDEZ and ERLINDA R. ROMUALDEZ, Petitioners, versus COMMISSION ON ELECTIONS and DENNIS GARAY, Respondents

G.R. No. 167001 | 2008-04-30

DISSENTING OPINION

CARPIO, J.:

Petitioners are charged under two Informations for violation of Section 10(g) and (j)[1] in relation to Section 45(j) of Republic Act No. 8189.[2] RA No. 8189 does not state that violations of Section 10(g) and (j) are election offenses. However, Section 45(j) makes a blanket declaration that "[V]iolation of any of the provisions of this Act" is an election offense.

Petitioners now assail Section 45(j) as unconstitutional for vagueness as it does not refer to any particular provision of RA No. 8189. Petitioners claim a violation of their constitutional right under the due process clause.[3] Petitioners assert...