G.R. No.

L-36142 March 31, 1973

JOSUE JAVELLANA, petitioner,
vs.
THE EXECUTIVE SECRETARY, THE SECRETARY OF NATIONAL DEFENSE, THE SECRETARY OF JUSTICE AND THE
SECRETARY OF FINANCE, respondents.

50 SCRA 30 – Political law – Constitutional Law – Political Question – Validity of the 1973 Constitution – Restriction to
Judicial Power
In 1973, Marcos ordered the immediate implementation of the new 1973 Constitution. Javellana, a Filipino and a registered
voter sought to enjoin the Exec Sec and other cabinet secretaries from implementing the said constitution. Javellana averred
that the said constitution is void because the same was initiated by the president. He argued that the President is w/o power
to proclaim the ratification by the Filipino people of the proposed constitution. Further, the election held to ratify such
constitution is not a free election there being intimidation and fraud.
ISSUE: Whether or not the SC must give due course to the petition.
HELD: The SC ruled that they cannot rule upon the case at bar. Majority of the SC justices expressed the view that they
were concluded by the ascertainment made by the president of the Philippines, in the exercise of his political prerogatives.
Further, there being no competent evidence to show such fraud and intimidation during the election, it is to be assumed that
the people had acquiesced in or accepted the 1973 Constitution. The question of the validity of the 1973 Constitution is a
political question which was left to the people in their sovereign capacity to answer. Their ratification of the same had shown
such acquiescence.