GONZALES vs COMELEC

30 10 2011

Read case digests here (Political Question) and here (Amendment to the Constitution).

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L-28196      November 9, 1967

RAMON A. GONZALES, petitioner,
vs.
COMMISSION ON ELECTIONS, DIRECTOR OF PRINTING and AUDITOR GENERAL, respondents.

G.R. No. L-28224      November 9, 1967

PHILIPPINE CONSTITUTION ASSOCIATION (PHILCONSA), petitioner,
vs.
COMMISSION ON ELECTIONS, respondent.

No. 28196:
Ramon A. Gonzales for and in his own behalf as petitioner.
Juan T. David as amicus curiae
Office of the Solicitor General for respondents.

No. 28224:
Salvador Araneta for petitioner.
Office of the Solicitor General for respondent.

CONCEPCION, C.J.:

G. R. No. L-28196 is an original action for prohibition, with preliminary injunction.

Petitioner therein prays for judgment:

1) Restraining: (a) the Commission on Elections from enforcing Republic Act No. 4913, or from performing any act that will result in the holding of the plebiscite for the ratification of the constitutional amendments proposed in Joint Resolutions Nos. 1 and 3 of the two Houses of Congress of the Philippines, approved on March 16, 1967; (b) the Director of Printing from printing ballots, pursuant to said Act and Resolutions; and (c) the Auditor General from passing in audit any disbursement from the appropriation of funds made in said Republic Act No. 4913; and

2) declaring said Act unconstitutional and void.

The main facts are not disputed. On March 16, 1967, the Senate and the House of Representatives passed the following resolutions:

1. R. B. H. (Resolution of Both Houses) No. 1, proposing that Section 5, Article VI, of the Constitution of the Philippines, be amended so as to increase the membership of the House of Representatives from a maximum of 120, as provided in the present Constitution, to a maximum of 180, to be apportioned among the several provinces as nearly as may be according to the number of their respective inhabitants, although each province shall have, at least, one (1) member;

2. R. B. H. No. 2, calling a convention to propose amendments to said Constitution, the convention to be composed of two (2) elective delegates from each representative district, to be “elected in the general elections to be held on the second Tuesday of November, 1971;” and

3. R. B. H. No. 3, proposing that Section 16, Article VI, of the same Constitution, be amended so as to authorize Senators and members of the House of Representatives to become delegates to the aforementioned constitutional convention, without forfeiting their respective seats in Congress.

Subsequently, Congress passed a bill, which, upon approval by the President, on June 17, 1967, became Republic Act No. 4913, providing that the amendments to the Constitution proposed in the aforementioned Resolutions No. 1 and 3 be submitted, for approval by the people, at the general elections which shall be held on November 14, 1967.

READ THE REST OF THE CASE HERE

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30 10 2011
Gonzales vs COMELEC |

[…] Read full text here. nuffnang_bid = "ae5b4752a881366abcb1ed17b359ab76"; document.write('' ); Related PostsTaňada and Diosdado Macapagal vs CuencoSanidad vs COMELECEnrile vs Salazar Tagged with: case brief • case digest • constitutional law • G.R. No. L-28196 • G.R. No. L-28224 • Gonzales vs COMELEC • Jurisprudence • Justiciable Question • PHILCONSA vs COMELEC • political question • Political Question vs Justiciable Question  Share this digest to your classmates! […]

6 11 2011
Ramon Gonzales vs COMELEC |

[…] Read full text here. nuffnang_bid = "ae5b4752a881366abcb1ed17b359ab76"; document.write('' ); Related PostsMabanag vs Lopez VitoGonzales vs COMELECMiriam Defensor Santiago et al vs COMELEC Tagged with: Amendment to the Constitution • case brief • case digest • constitutional law • G.R. No. L-28196 • Gonzales vs COMELEC • Jurisprudence • political law • Ramon Gonzales vs COMELEC  Share this digest to your classmates! […]

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