Sanidad vs COMELEC Case Digest
Facts:
The petitioners sought to enjoin the Commission on Elections from holding and conducting the referendum-plebiscite; to declare without force and effect Presidential Decree numbers 991 and 1033, insofar as they propose amendments to the Constitution as well as PD 1031, insofar as it directs the COMELEC to supervise, control, hold, and conduct the Referendum-Plebiscite.
Petitioners contend that the President has no power to propose amendments to the new constitution, a such, the referendum has no legal basis.
RELATED:
- Aquino vs Enrile Case Digest – G.R. No. L-35546 September 17, 1974
- Planas vs COMELEC Case Digest – G.R. No. L-35925 January 22, 1973
- Marcos Vs. Manglapus Case Digest – G.R. No. 88211 October 27, 1989
- Javellana vs Executive Secretary Case Digest – G.R. NO. L-36142 March 31, 1973
Issues
Whether the President may call upon a referendum for the amendment of the Constitution.
Ruling
Yes.
In the transitory provision of the 1973 provisions, the National Assembly, although composed mainly by legislators, amending the Constitution is not legislating.
The prerogative of the President to approve or disapproved applies only to the ordinary case of legislation. The President has nothing to do with the proposition or adoption of amendments to the Constitution.
The petitions are dismissed.
Sanidad vs COMELEC Case Digest
