Question

Congress enacted Republic Act No. 1234 requiring all candidates for public offices to post an election bond equivalent to the one (1) year salary for the position for which they are candidates. The bond shall be forfeited if the candidates fail to obtain at least 10% of the votes cast. Is Republic Act No. 1234 valid?

a. It is valid as the bond is a means of ensuring fair, honest, peaceful and orderly elections.
b. It is valid as the bond requirements ensures that only candidates with sufficient means and who cannot be corrupted, can run for public office.
c. It is invalid as the requirement effectively imposes a property qualification to run for public office.
d. It is invalid as the amount of the surety bond is excessive and unconscionable.
e. It is valid because it is a reasonable requirement; the Constitution itself expressly supports the accountability of public officers. (2013 Bar)

Answer 1

Republic Act No. 1234 is likely invalid as it imposes a property qualification for public office candidates, potentially infringing on democratic principles and equal protection rights.

Step-by-step explanation:

The question asks whether Republic Act No. 1234, which requires all candidates for public office to post an election bond equivalent to one year's salary for the position sought and forfeits the bond if they fail to obtain at least 10% of votes, is valid. Under constitutional democratic principles, this kind of legislation would generally be invalid as it imposes a property qualification on candidates, potentially barring those without sufficient means from running for office, and thus undermining equal political opportunity and the democratic process.

Option c. It is invalid as the requirement effectively imposes a property qualification to run for public office, and is the most cogent choice. This is because such a law could disproportionately affect candidates who do not have financial resources, thereby infringing on basic democratic principles and potentially the Equal Protection Clause of the Constitution, which requires that laws treat individuals in similar situations similarly.