MENDOZA, CAMILLE ANGELICA

Article III. Section 1. Equal Protection of Law

Arroyo v DOJ (supra)
FACTS: On August 2, 2011, the Comelec issued Resolution No. 9266 approving the creation of a
committee jointly with the Department of Justice (DOJ), which shall conduct preliminary investigation on
the alleged election offenses and anomalies committed during the 2004 and 2007 elections.
On August 15, 2011, the Comelec and the DOJ issued Joint Order No. 001-2011 creating and constituting a
Joint Committee and Fact-Finding Team on the 2004 and 2007 National Elections electoral fraud and
manipulation cases. The Joint Committee and the Fact-Finding Team are composed of officials from the
DOJ and the Comelec. The Fact-Finding Team was created for the purpose of gathering real, documentary,
and testimonial evidence which can be utilized in the preliminary investigation to be conducted by the Joint
Committee.
Pursuant to the above Resolution, the Comelecs Law Department filed with the Regional Trial Court of
Pasay City, an Information against petitioner GMA, Governor Andal Ampatuan, Sr., and Atty. Lintang H.
Bedol, for the crime of electoral sabotage. The case was raffled to Branch 112 and the corresponding
Warrant of Arrest was issued which was served on GMA on the same day.
ISSUE: Whether or not Joint Order No. 001-2011 Creating and Constituting a Joint DOJ-COMELEC
Preliminary Investigation Committee and Fact-Finding Team on the 2004 and 2007 National Elections
Electoral Fraud and Manipulation Cases is unconstitutional for violating the equal protection clause of the
1987 Constitution.
HELD: NO. The Joint Committee was created for the purpose of conducting preliminary investigation of
election offenses during the 2004 and 2007 elections. While GMA and Mike Arroyo were among those
subjected to preliminary investigation, not all respondents therein were linked to GMA as there were public
officers who were investigated upon in connection with their acts in the performance of their official duties.
Recognizing the existence of real differences among men, it does not demand absolute equality. It merely
requires that all persons under like circumstances and conditions shall be treated alike both as to privileges
conferred and liabilities enforced.
The Comelec issues various resolutions prior to every local or national elections setting forth the guidelines
to be observed in the conduct of the elections. This shows that every election is distinct and requires
different guidelines in order to ensure that the rules are updated to respond to existing circumstances.
Thus, petitioners insistence of infringement of their constitutional right to equal protection of the law is
misplaced.