Montesclaros vs. Comelec, GR 152295 (2002)

ISSUE:  Whether or not there was grave abuse of discretion amounting to lack or excess of jurisdiction imputable to respondents. 

FACTS:  Petitioners sought to prevent the postponement of the 2002 SK election to a later date since doing so may render them unqualified to vote or be voted for in view of the age limitation set by law for those who may participate. The SK elections was postponed since it was deemed "operationally very difficult" to hold both SK and Barangay elections simultaneously in May 2002. Petitioners also sought to enjoin the lowering of  age for membership in the SK. 

DECISION:  Denied 

​RATIO DECIDENDI:  The Court held that, in the present case, there was no actual controversy requiring the exercise of the power of judicial review. While seeking to prevent a postponement of the May 6, 2002 SK elections, petitioners are nevertheless amenable to a resetting of the SK elections to any date not later than July 15, 2002. RA No. 9164 has reset the SK elections to July 15, 2002, a date acceptable to petitioners.  Under the same law, Congress merely restored the age requirement in PD No. 684, the original charter of the SK, which fixed the maximum age for membership in the SK to youths less than 18 years old. Petitioners do not have a vested right to the permanence of the age requirement under Section 424 of the Local Government Code of 1991.