SANIDAD VS COMELEC

73 SCRA 333; October 12, 1976

Ponente: Martin, J
FACTS:
On September 27, 1976, Pablo Sanidad and Pablito Sanidad petitioned for
prohibition with preliminary injunction to enjoin COMELEC from holding and
conducting the Referendum Plebiscite on October 16; to declare without force and
effect PD Nos. 991 and 1033, as well as PD. 1031. Petitioners contend that the
president has no power to propose amendments to the new constitution, as such,
the referendum plebiscite has no legal basis.
ISSUE:
1. Is the case at bar justiciable?
2. Does the president have authority to propose amendments to the Constitution?
3. Is the submission to the people of the proposed amendments within the time
frame allowed sufficient and proper submission?
HELD:
The issue of whether the President can assume the power of a constituent assembly
is a justiciable question since it is not the wisdom but the constitutional authority of
the president to perform such act is in question. The president has the authority to
propose amendments as the governmental powers are generally concentrated to
the president in times of crisis. The time for deliberation of the referendumplebiscite questions, 3 weeks, is not too short especially since the questions are
issues of the day and the people have been living with them since the proclamation
of martial law.

Where the vortex of the controversy refers to the legality or validity of the
contested act, the matter is definitely justiciable or non-political.