I.

Philippine Constitutional System

Javellana vs Secretary
Imbong vs COMELEC
Santiago vs COMELEC
Lambino vs COMELEC
Lawyers League vs Aquino
In Re Saturnino Bermudez
De Leon vs Esguerra
CREATION
Javellana vs. The Executive Secretary 50 SCRA 30
Ponente:

Chief Justice Roberto Concepcion

The Facts:
The Plebiscite Case
A Convention to propose amendments to the Constitution of the Philippines was
approved on August 24, 1970 and began to perform its functions on June 1, 1971.
On September 21, 1972, the President issued Proclamation No. 1081 placing the
entire Philippines under Martial Law.
On November 29, 1972, the 1971 Constitutional Convention approved its Proposed
Constitution of the Republic of the Philippines. The next day,President Marcos
issued Presidential Decree No. 73, submitting to the Filipino people for ratification
or rejection the Constitution of the Republic of the Philippines proposed by the 1971
Constitutional Convention, and appropriating funds therefor, as well as setting the
plebiscite for said ratification or rejection of the Proposed Constitution on January
15, 1973.
On December 7, 1972, Charito Planas filed a case against the Commission on
Elections, the Treasurer of the Philippines and the Auditor General, to enjoin said
respondents or their agents from implementing Presidential Decree No. 73, in any
manner, until further orders of the Court, upon the grounds, inter alia, that said
Presidential Decree has no force and effect as law because the calling of such
plebiscite, the setting of guidelines for the conduct of the same, the prescription of
the ballots to be used and the question to be answered by the voters, and the
appropriation of public funds for the purpose, are, by the Constitution, lodged
exclusively in Congress and there is no proper submission to the people of said
Proposed Constitution set for January 15, 1973, there being no freedom of speech,

press and assembly, and there being no sufficient time to inform the people of the
contents thereof.
On December 23, the President announced the postponement of the plebiscite for
the ratification or rejection of the Proposed Constitution and temporarily suspending
the effects of Proclamation No. 1081 for purposes of free and open debate on the
proposed Constitution.
The Court deemed it fit to refrain, for the time being, from deciding the
aforementioned cases, for neither the date nor the conditions under which said
plebiscite would be held were known or announced officially.
In the afternoon of January 12, 1973, the petitioners in Case G.R. No. L-35948 filed
an urgent motion, praying that said case be decided as soon as possible,
preferably not later than January 15, 1973.
The Court issued a resolution requiring the respondents in said three (3) cases to
comment on said urgent motion and manifestation, not later than Tuesday
noon, January 16, 1973 and set the motion for hearing on January 17, 1973, at 9:30
a.m.
While the case was being heard, the President issued Proclamation No. 1102.
ANNOUNCING THE RATIFICATION BY THE FILIPINO PEOPLE OF THE CONSTITUTION
PROPOSED BY THE 1971 CONSTITUTIONAL CONVENTION
Citizens Assemblies were created in barrios, in municipalities and in districts/wards
in chartered cities. The said Citizens Assemblies were established to broaden the
base of citizen participation in the democratic process and to afford ample
opportunity for the citizenry to express their views on important national issues.
The Ratification Case
On January 20, 1973, Josue Javellana filed Case G.R. No. L-36142, as a Filipino
citizen, and a qualified and registered voter and as a class suit, for himself, and in
behalf of all citizens and voters similarly situated against the Executive Secretary
and the Secretaries of National Defense, Justice and Finance, to restrain said
respondents and their subordinates or agents from implementing any of the
provisions of the propose Constitution not found in the present Constitution
referring to that of 1935. Javellana alleged that the President ordered the
immediate implementation of the New Constitution, thru his Cabinet, and that the
latter are acting without or in excess of jurisdiction in implementing the said
proposed Constitution. He construed that the President is without authority to
create the Citizens Assemblies; to approve the proposed Constitution; proclaim the
ratification; and that the election held to ratify the proposed Constitution was not a
free election, hence null and void.

The Issue:
Is the issue of the validity of Proclamation No. 1102 a justiciable, or political and
therefore non-justiciable, question?
Has the Constitution proposed by the 1971 Constitutional Convention been ratified
validly (with substantial, if not strict, compliance) conformably to the applicable
constitutional and statutory provisions?
Has the aforementioned proposed Constitution acquiesced in (with or without valid
ratification) by the people? (acquiesced permission given by silence or
passiveness. Acceptance or agreement by keeping quiet or by not making
objections.)
Are petitioners entitled to relief?
Is the aforementioned proposed Constitution in force?

Decision and Ratio:

The court was severely divided on the issues raised in the petition but when the
crucial question of whether the petitioners are entitled to relief, six members of the
court (Justices Makalintal, Castro, Barredo, Makasiar, Antonio and Esguerra) voted to
dismiss the petition. Concepcion, together Justices Zaldivar, Fernando and
Teehankee, voted to grant the relief being sought, thus upholding the 1973
Constitution.
The Court held that the issue is political and beyond the ambit of judicial inquiry.
Court 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 to the effect that independently of the validity of the
ratification, a new Constitution once accepted acquiesced in by the people must be
accorded recognition by the Court.

On the fourth question, 6 justices voted to DISMISS the petition. Justice Makalintal
and Castro so voted on the strength of their view that The effectivity of the said
Constitution, in the final analysis, is the basic and ultimate question posed by these
cases to resolve which considerations other than judicial, and therefore beyond the
competence of this Court, are relevant and unavoidable.

On the fifth question of whether the new Constitution of 1973 is in force:

ACCORDINGLY, by virtue of the majority of six (6) votes of Justices Makalintal,

Castro, Barredo, Makasiar, Antonio and Esguerra with the four (4) dissenting votes
of the Chief Justice and Justices Zaldivar, Fernando and Teehankee, all the
aforementioned cases are hereby dismissed. This being the vote of the majority,
there is no further judicial obstacle to the new Constitution being considered in force
and effect.
Dissenting Opinion:
Justice Barredo qualified his vote, stating that As to whether or not the 1973
Constitution has been validly ratified pursuant to Article XV, I still maintain that in
the light of traditional concepts regarding the meaning and intent of said Article, the
referendum in the Citizens Assemblies, especially in the manner the votes therein
were cast, reported and canvassed, falls short of the requirements thereof.
However, the fact that there was voting and that the majority of the votes were for
considering as approved the 1973 Constitution without the necessity of the usual
form of plebiscite followed in past ratifications, the people may be deemed to have
cast their favorable votes in the belief that in doing so they did the part required of
them by Article XV, hence, it may be said that in its political aspect, which is what
counts most, after all, said Article has been substantially complied with, and, in
effect, the 1973 Constitution has been constitutionally ratified.
Imbong vs COMELEC G.R. No. L-32432 September 11, 1970
RAUL M. GONZALES vs COMELEC G.R. No. L-32443 September 11, 1970
Ponente:

Makasiar

Facts:
These two separate but related petitions for declaratory relief were filed pursuant to
Sec. 19 of R.A. No. 6132 by petitioners Manuel B. Imbong and Raul M. Gonzales,
both members of the Bar, taxpayers and interested in running as candidates for
delegates to the Constitutional Convention. Both impugn the constitutionality of R.A.
No. 6132, claiming during the oral argument that it prejudices their rights as such
candidates.
On March 16, 1967, Congress, acting as a Constituent Assembly pursuant to Art. XV
of the Constitution, passed Resolution No. 2 which among others called for a
Constitutional Convention to propose constitutional amendments to be composed of
two delegates from each representative district who shall have the same

qualifications as those of Congressmen, to be elected on the second Tuesday of

November, 1970 in accordance with the Revised Election Code. On June 17, 1969,
Congress, also acting as a Constituent Assembly, passed Resolution No. 4 amending
the aforesaid Resolution No. 2 of March 16, 1967 by providing that the convention
shall be composed of 320 delegates apportioned among the existing
representative districts according to the number of their respective inhabitants:
Provided, that a representative district shall be entitled to at least two delegates,
who shall have the same qualifications as those required of members of the House
of Representatives, 1 and that any other details relating to the specific
apportionment of delegates, election of delegates to, and the holding of, the
Constitutional Convention shall be embodied in an implementing legislation:
Provided, that it shall not be inconsistent with the provisions of this Resolution. 2
On August 24, 1970, Congress, acting as a legislative body, enacted Republic Act
No. 6132, implementing Resolutions Nos. 2 and 4, and expressly repealing R.A. No.
4914.
Petitioner Raul M. Gonzales assails the validity of the entire law as well as the
particular provisions embodied in Sections 2, 4, 5, and par. 1 of 8(a). Petitioner
Manuel B. Imbong impugns the constitutionality of only par. I of Sec. 8(a) of said
R.A. No. 6132 practically on the same grounds advanced by petitioner Gonzales.
Issue:
Whether the Congress has a right to call for Constitutional Convention;
Whether the parameters set by such a call is constitutional.
Decision:
The Congress has the authority to call for a Constitutional Convention as a
Constituent Assembly. Furthermore, specific provisions assailed by the petitioners
are deemed as constitutional.
Ratio:
Sec 4 RA 6132: it is simply an application of Sec 2 Art 12 of Constitution
-Constitutionality of enactment of RA 6132:
Congress acting as Constituent Assembly, has full authority to propose
amendments, or call for convention for the purpose by votes and these votes were
attained by Resolution 2 and 4
Sec 2 RA 6132: it is a mere implementation of Resolution 4 and is enough that the
basis employed for such apportions is reasonable. Macias case relied by Gonzales is
not reasonable for that case granted more representatives to provinces with less

population and vice versa. In this case, Batanes is equal to the number of delegates
I other provinces with more population.
Sec 5: State has right to create office and parameters to qualify/disqualify
members thereof. Furthermore, this disqualification is only temporary. This is a
safety mechanism to prevent political figures from controlling elections and to allow
them to devote more time to the Constituional Convention.
Par 1 Sec 8: this is to avoid debasement of electoral process and also to assure
candidates equal opportunity since candidates must now depend on their individual
merits, and not the support of political parties. This provision does not create
discrimination towards any particular party/group, it applies to all organizations.
Dissenting Opinion:
Justice Fernando I find it difficult to reconcile the decision reached insofar as the
aforesaid ban on political parties and civic, professional and other organizations is
concerned with the explicit provision that the freedom to form associations or
societies for purposes not contrary to law shall not be abridged. 2 The right of an
individual to join others of a like persuasion to pursue common objectives and to
engage in activities is embraced within if not actually encouraged by the regime of
liberty ordained by the Constitution. This particular freedom has an indigenous cast,
its origin being traceable to the Malolos Constitution.
Santiago vs COMELEC G.R. No. 127325 March 19, 1997
Ponente:

Chief Justice Hilario Davide Jr.

Facts:
On 6 December 1996, Atty. Jesus S. Delfin filed with COMELEC a Petition to Amend
the Constitution to Lift Term Limits of elective Officials by Peoples Initiative The
COMELEC then, upon its approval
set the time and dates for signature gathering all over the country,
caused the necessary publication of the said petition in papers of general
circulation, and
instructed local election registrars to assist petitioners and volunteers in
establishing signing stations.
On 18 Dec 1996, Miriam Santiago et al filed a special civil action for prohibition
against the Delfin Petition. Also, Raul Roco filed with the COMELEC a motion to
dismiss the Delfin petition, the petition having been untenable due to the foregoing.
Santiago argues among others that the Peoples Initiative is limited to amendments
to the Constitution NOT a revision thereof. The extension or the lifting of the term
limits of those in power (particularly the President) constitutes revision and is

therefore beyond the power of peoples initiative. The respondents argued that the
petition filed by Roco is pending under the COMELEC hence the Supreme Court
cannot take cognizance of it.
Issue:
Whether or not the COMELEC has the power to call for Peoples Initiative to amend
the constitution specifically to lift term limits of elected officials.
Whether or not the Supreme Court can take cognizance of the case
Decision:
COMELEC ACTED WITHOUT JURISDICTION OR WITH GRAVE ABUSE OF DISCRETION IN
ENTERTAINING THE DELFIN PETITION.
The COMELEC cannot validly promulgate rules and regulations to implement the
exercise of the right of the people to directly propose amendments to the
Constitution through the system of initiative.
Ratio:
Under R.A. No. 6735. Reliance on the COMELECs power under Section 2(1) of
Article IX-C of the Constitution is misplaced, for the laws and regulations referred to
therein are those promulgated by the COMELEC under (a) Section 3 of Article IX-C of
the Constitution, or (b) a law where subordinate legislation is authorized and which
satisfies the completeness and the sufficient standard tests.

Dissenting Opinion:
Justice Puno does not share the view that R.A. No. 5735 and COMELEC Resolution
No. 2300 are legally defective and cannot implement the peoples initiative to
amend the Constitution. I likewise submit that the petition with respect to the
Pedrosas has no leg to stand on and should be dismissed.
Significantly, the majority decision concedes that . . . R.A. No. 6735 was intended
to cover initiative to propose amendments to the Constitution. It ought to be so for
this intent is crystal clear from the history of the law which was a consolidation of
House Bill No. 21505 3 and Senate Bill No. 17. 4 Senate Bill No. 17 was entitled An
Act Providing for a System of Initiative and Referendum and the Exception
Therefrom, Whereby People in Local Government Units Can Directly Propose and
Enact Resolutions and Ordinances or Approve or Reject any Ordinance or Resolution
Passed by the Local Legislative Body. Beyond doubt, Senate Bill No. 17 did not
include peoples initiative to propose amendments to the Constitution. In checkered
contrast, House Bill No. 21505 5 expressly included peoples initiative to amend the
Constitution.

Lambino Vs. Comelec G.R. No. 174153, Oct. 25 2006

Ponente:

Justice Antonio Carpio

Facts:
Petitioners (Lambino group) commenced gathering signatures for an initiative
petition to change the 1987 Constitution, they filed a petition with the COMELEC to
hold a plebiscite that will ratify their initiative petition under RA 6735. Lambino
group alleged that the petition had the support of 6M individuals fulfilling what was
provided by art 17 of the constitution. Their petition changes the 1987 constitution
by modifying sections 1-7 of Art 6 and sections 1-4 of Art 7 and by adding Art 18.
the proposed changes will shift the present bicameral- presidential form of
government to unicameral- parliamentary. COMELEC denied the petition due to lack
of enabling law governing initiative petitions and invoked the Santiago Vs. Comelec
ruling that RA 6735 is inadequate to implement the initiative petitions.
Issue:
Whether or Not the Lambino Groups initiative petition complies with Section 2,
Article XVII of the Constitution on amendments to the Constitution through a
peoples initiative.
Whether or Not this Court should revisit its ruling in Santiago declaring RA 6735
incomplete, inadequate or wanting in essential terms and conditions to implement
the initiative clause on proposals to amend the Constitution.
Whether or Not the COMELEC committed grave abuse of discretion in denying due
course to the Lambino Groups petition.
Decision:
According to the SC the Lambino group failed to comply with the basic
requirements for conducting a peoples initiative. The Court held that the COMELEC
did not grave abuse of discretion on dismissing the Lambino petition.
The Initiative Petition Does Not Comply with Section 2, Article XVII of the
Constitution on Direct Proposal by the People
The petitioners failed to show the court that the initiative signer must be informed
at the time of the signing of the nature and effect, failure to do so is deceptive and
misleading which renders the initiative void.
The Initiative Violates Section 2, Article XVII of the Constitution Disallowing Revision
through Initiatives
The framers of the constitution intended a clear distinction between amendment
and revision, it is intended that the third mode of stated in sec 2 art 17 of the

constitution may propose only amendments to the constitution. Merging of the

legislative and the executive is a radical change, therefore constitutes a revision.
A Revisit of Santiago v. COMELEC is Not Necessary
Even assuming that RA 6735 is valid, it will not change the result because the
present petition violated Sec 2 Art 17 to be a valid initiative, must first comply with
the constitution before complying with RA 6735
Petition is dismissed.
Ratio:
Section 2, Article XVII of the Constitution is the governing constitutional provision
that allows a peoples initiative to propose amendments to the Constitution. This
section states:
Sec. 2. Amendments to this Constitution may likewise be directly proposed by the
people through initiative upon a petition of at least twelve per centum of the total
number of registered voters of which every legislative district must be represented
by at least three per centum of the registered voters therein. x x x x (Emphasis
supplied)
The deliberations of the Constitutional Commission vividly explain the meaning of
an amendment directly proposed by the people through initiative upon a petition,
EFFECTIVITY
LAWYERS LEAGUE VS. AQUINO, ET AL. G.R. No. 73748, May 22, 1986
Ponente: GLORIA C. PARAS
FACTS:
On February 25, 1986, President Corazon Aquino issued Proclamation No. 1
announcing that she and Vice President Laurel were taking power.
On March 25, 1986, proclamation No.3 was issued providing the basis of the Aquino
government assumption of power by stating that the new government was
installed through a direct exercise of the power of the Filipino people assisted by
units of the New Armed Forces of the Philippines.
ISSUE:
Whether or not the government of Corazon Aquino is legitimate
Decision:

As early as April 10, 1986, this Court* had already voted to dismiss the petitions for
the reasons to be stated below.
On April 17, 1986, Atty. Lozano as counsel for the petitioners in G.R. Nos. 73748 and
73972 withdrew the petitions and manifested that they would pursue the question
by extra-judicial methods. The withdrawal is functus oficio.
The legitimacy of the Aquino government is not a justiciable matter. It belongs to
the realm of politics where only the people of the Philippines are the judge. And the
people have made the judgment; they have accepted the government of President
Corazon C. Aquino
The community of nations has recognized the legitimacy of the present
government. All the eleven members of this Court, as reorganized, have sworn to
uphold the fundamental law of the Republic under her government.
IN RE: SATURNINO V. BERMUDEZ G.R. No. 76180 October 24, 1986
PER CURIAM:
In a petition for declaratory relief impleading no respondents, petitioner, as a
lawyer, quotes the first paragraph of Section 5 (not Section 7 as erroneously stated)
of Article XVIII of the proposed 1986 Constitution, which provides in full as follows:
Sec. 5. The six-year term of the incumbent President and Vice-President elected in
the February 7, 1986 election is, for purposes of synchronization of elections,
hereby extended to noon of June 30, 1992.
The first regular elections for the President and Vice-President under this
Constitution shall be held on the second Monday of May, 1992.
Claiming that the said provision is not clear as to whom it refers, he then asks the
Court to declare and answer the question of the construction and definiteness as to
who, among the present incumbent President Corazon Aquino and Vice-President
Salvador Laurel and the elected President Ferdinand E. Marcos and Vice-President
Arturo M. Tolentino being referred to under the said Section 7 (sic) of ARTICLE XVIII
of the TRANSITORY PROVISIONS of the proposed 1986 Constitution refers to, .
The petition is dismissed outright for lack of jurisdiction and for lack for cause of
action.
Prescinding from petitioners lack of personality to sue or to bring this action, (Tan
vs. Macapagal, 43 SCRA 677), it is elementary that this Court assumes no
jurisdiction over petitions for declaratory relief. More importantly, the petition
amounts in effect to a suit against the incumbent President of the Republic,
President Corazon C. Aquino, and it is equally elementary that incumbent Presidents

are immune from suit or from being brought to court during the period of their
incumbency and tenure.
The petition furthermore states no cause of action. Petitioners allegation of
ambiguity or vagueness of the aforequoted provision is manifestly gratuitous, it
being a matter of public record and common public knowledge that the
Constitutional Commission refers therein to incumbent President Corazon C. Aquino
and Vice-President Salvador H. Laurel, and to no other persons, and provides for the
extension of their term to noon of June 30, 1992 for purposes of synchronization of
elections. Hence, the second paragraph of the cited section provides for the holding
on the second Monday of May, 1992 of the first regular elections for the President
and Vice-President under said 1986 Constitution. In previous cases, the legitimacy
of the government of President Corazon C. Aquino was likewise sought to be
questioned with the claim that it was not established pursuant to the 1973
Constitution. The said cases were dismissed outright by this court which held that:
Petitioners have no personality to sue and their petitions state no cause of action.
For the legitimacy of the Aquino government is not a justiciable matter. It belongs to
the realm of politics where only the people of the Philippines are the judge. And the
people have made the judgment; they have accepted the government of President
Corazon C. Aquino which is in effective control of the entire country so that it is not
merely a de facto government but in fact and law a de jure government. Moreover,
the community of nations has recognized the legitimacy of tlie present government.
All the eleven members of this Court, as reorganized, have sworn to uphold the
fundamental law of the Republic under her government. (Joint Resolution of May 22,
1986 in G.R. No. 73748 [Lawyers League for a Better Philippines, etc. vs. President
Corazon C. Aquino, et al.]; G.R. No. 73972 [Peoples Crusade for Supremacy of the
Constitution. etc. vs. Mrs. Cory Aquino, et al.]; and G.R. No. 73990 [Councilor Clifton
U. Ganay vs. Corazon C. Aquino, et al.])

De Leon vs Esguerra 153 SCRA 602, August 31, 1987

Ponente:

MELENCIO-HERRERA,J

Facts:
In 1982, Alfredo M. De Leon was elected as Baranggay Captain along with the other
petitioners as Barangay Councilmen of Baranggay Dolores, Taytay, Rizal. On
February 9, 1987, he received a Memorandum antedated December 1, 1986, signed

on February 8, 1987 by OIC Gov. Benhamin B. Esguerra designating Florentino

Magno as new Barangay Captain. A separate Memorandum with the same dates
was also issued by Hon. Esguerra replacing the Barangay Councilmen. De Leon
along with the other petitioners filed a petition to declare the subject Memorandum
null and void and prevent the respondents from taking over their positions in the
Barangay. The petitioners maintained that OIC Gov. Esguerra no longer have the
authority to replace them under the 1987 Constitution and that they shall serve a
term of six (6) years in pursuant to Section 3 of the Barangay Election Act of 1982.
Issue:
Was the designation of the new Barangay Officials valid?
Ruling:
The designation by the OIC Governor of new Barangay Officials was declared NO
LEGAL FORCE AND EFFECT and the Writ for Prohibition is GRANTED enjoining
respondents perpetually from ouster/take-over of petitioners position subject of this
petition.
Ratio
The affectivity of the Memorandum should be based on the date when it was
signed, February 8, 1987. By that time, the 1987 Constitution was already in effect,
thus superseding all previous constitution as provided in Section 27 of its Transitory
Provisions. Respondent OIC Governor could no longer rely on Section 2, Article III of
the Provisional Constitution to designate respondents to the elective positions
occupied by petitioners.
Barangay Election Act of 1982 should still govern since it is not inconsistent with the
1987 Constitution.
For the above-quoted reason, which are fully applicable to the petition at
bar, mutatis mutandis, there can be no question that President Corazon C. Aquino
and Vice-President Salvador H. Laurel are the incumbent and legitimate President
and Vice-President of the Republic of the Philippines.or the above-quoted reasons,
which are fully applicable to the petition at bar.