Scribd
Upload
1K views2 pages

Gonzales v. COMELEC Digest

This case discusses whether a resolution by Congress acting as a constituent assembly violates the Philippine Constitution. The case involved resolutions by Congress proposing amendments to increase the size of the House of Representatives and allow members of Congress to also serve as delegates to a constitutional convention without losing their legislative seats. The Supreme Court held that the resolutions did not violate the Constitution as the provisions for amendments were satisfied by informing the electorate that the resolutions would allow members of Congress to retain their legislative seats if elected as convention delegates. The court dismissed the petitions challenging the resolutions and constitutional amendment process.

Uploaded by

KatrYna Japona
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
1K views2 pages

Gonzales v. COMELEC Digest

This case discusses whether a resolution by Congress acting as a constituent assembly violates the Philippine Constitution. The case involved resolutions by Congress proposing amendments to increase the size of the House of Representatives and allow members of Congress to also serve as delegates to a constitutional convention without losing their legislative seats. The Supreme Court held that the resolutions did not violate the Constitution as the provisions for amendments were satisfied by informing the electorate that the resolutions would allow members of Congress to retain their legislative seats if elected as convention delegates. The court dismissed the petitions challenging the resolutions and constitutional amendment process.

Uploaded by

KatrYna Japona
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

Tuesday, July 5, 2011

GONZALES VS. COMELEC [21 SCRA 774; G.R. No. L-28196; 9 Nov 1967] case digest (CONSTI-1

GONZALES VS. COMELEC [21 SCRA 774; G.R. No. L-28196; 9 Nov 1967]

Facts: The case is an original action for prohibition, with preliminary injunction.

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.

Issue: Whether or Not a Resolution of Congress, acting as a constituent assembly, violates the
Constitution.

Held: In as much as there are less than eight (8) votes in favor of declaring Republic Act 4913 and R. B. H.
Nos. 1 and 3 unconstitutional and invalid, the petitions in these two (2) cases must be, as they are
hereby, dismiss and the writs therein prayed for denied, without special pronouncement as to costs. It is
so ordered.

As a consequence, the title of a de facto officer cannot be assailed collaterally. It may not be contested
except directly, by quo warranto proceedings. Neither may the validity of his acts be questioned upon
the ground that he is merely a de facto officer. And the reasons are obvious:

(1) it would be an indirect inquiry into the title to the office; and

(2) the acts of a de facto officer, if within the competence of his office, are valid, insofar as the public is
concerned.

"The judicial department is the only constitutional organ which can be called upon to determine the
proper allocation of powers between the several departments and among the integral or constituent
units thereof."

Article XV of the Constitution provides:

. . . The Congress in joint session assembled, by a vote of three-fourths of all the Members of the Senate
and of the House of Representatives voting separately, may propose amendments to this Constitution or
call a contention for that purpose. Such amendments shall be valid as part of this Constitution when
approved by a majority of the votes cast at an election at which the amendments are submitted to the
people for their ratification.
From our viewpoint, the provisions of Article XV of the Constitution are satisfied so long as the
electorate knows that R. B. H. No. 3 permits Congressmen to retain their seats as legislators, even if they
should run for and assume the functions of delegates to the Convention.

Posted by Notario Boy at 8:38 AM

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy