Javellana vs Executive Secretary Case Digest

Javellana vs Executive Secretary Case Digest G.R. No. L-36142 March 31, 1973

Javellana vs Executive Secretary Case Digest


Facts

Petitioner filed a case to the Supreme Court to restrain respondents from implementing any of the provisions of the Proposed Constitution not found in the present Constitution referring to that of 1935.

Javellana alleged that the President is without authority and jurisdiction in implementing the said proposed Constitution and that the election held was not a free election, hence, null and void.


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Issue

Whether the Constitution proposed by the 1971 Constitutional Convention has been ratified validly.

Ruling

Yes.

Justices Makalintal, Zaldivar, Castro, Fernando, Teehankee, and Concepcion, or six (6) members of the Court also held that :

… the Constitution proposed by the 1971 Constitutional Convention was not validly ratified in accordance with Article XV, Section 1 of the 1935 Constitution which provides only one way for ratification, i.e., “in an election or plebiscite held in accordance with law and participated in only by qualified and duly registered voters”.

However, it is conceded that the doctrine stated in some American decisions that a new Constitution once accepted acquired by the people must be accorded recognition by the Court.

All the cases are dismissed.


Javellana vs Executive Secretary Case Digest

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