Cailles v. Bonifacio, 65 Phil 328 (1938)
F: This is a quo warranto petition to oust respondent Bonifacio from the office of Provincial Governor of Laguna. It is contend¬ed that at the time he filed his certificate of candidacy and was elected to office, respondent was a Captain in the Philippine Army and for this reason, is ineligible to that office.
HELD: Section 2, Art. XI of the 1935 Const. (similar to the 1987 provision) prohibits members of the Armed Forces from engaging in any partisan political activity or otherwise taking part in any election except to vote, but it does not ex vi termini grant or confer upon them the right of suffrage. As Section 431 of the Election Law, as amended disqualifies from voting only members in the active service of the Philippine Army and no claim is made that this discrimination is violative of the Constitution, it follows that the respondent, being in the reserve force, is not disqualified from voting. The respondent being a qualified elector and the possession by him of the other qualifications prescribed for an elective provincial office not being chal¬lenged, he is not ineligible to the office of provincial governor to which he has been elected.
The constitutional provision mentioned contemplates only those in the active service otherwise it would lead to widespread disqualification of the majority of the able bodied men who are part of the reserve corps of the armed forces from voting and from being voted upon.
Raison d' etre for the disqualification: Members of the armed forces are servants of the State and not the agents of any political group. For more case digests and law school notes visit www.pinaylawyer.com.