Planas vs COMELEC Case Digest – G.R. No. L-35925 January 22, 1973

Planas vs COMELEC Case Digest


Facts

While the 1971 Constitution Convention was in session on September 21, 1972, the president issued Proclamation No. 1081 placing the Philippines under martial law. On November 29, 1972, the Convention approved its proposed constitution.

While the issue on the Citizens Assembly referendum results regarding the proposed Constitution is being heard, the Secretary of Justice, upon the instruction of the President delivered to the Court a copy of Proclamation 1102 entitled “Announcing the Ratification by the Filipino People of the Constitution Proposed by the 1971 Constitutional Convention.”

The respondents defended the Constitutional Convention and said that it acted freely and had plenary authority to propose amendments and a Constitution that would supersede the present Constitution.


Related:


Issue

Whether the 1971 Constitutional Convention has the authority to pass the Proposed Constitution.

Ruling

Yes.

The Convention was legally free to postulate any amendments it may deem fit to propose because they have the sovereign powers delegated by the people and those proposals have to be approved by the majority of votes cast on the election.

Hence, all cases are dismissed. Without special pronouncement to cost.


Planas vs COMELEC Case Digest

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