Gonzales vs. COMELEC 21 SCRA 774; G.R. No. L-28196; 9 Nov 1967

The power to amend the Constitution or to propose amendments is not included in the general grant of legislative powers to Congress. It is part of the inherent powers of the people - as the repository of sovereignty in a republican state, to make, and, hence, to amend their own Fundamental Law

The plebiscite may be held on the same day as regular elections  

Gonzales vs. COMELEC

21 SCRA 774; G.R. No. L-28196; 9 Nov 1967

 

Facts:

 

On March 16, 1967, the Senate and the House of Representatives passed the following resolutions:

 

1. R. B. H. (Resolution of Both Houses) No. 1, proposing that Section 5, Article VI, of the Constitution of the Philippines, be amended so as to increase the membership of the House of Representatives from a maximum of 120, as provided in the present Constitution, to a maximum of 180, to be apportioned among the several provinces as nearly as may be according to the number of their respective inhabitants, although each province shall have, at least, one (1) member;

 

2. R. B. H. No. 2, calling a convention to propose amendments to said Constitution, the convention to be composed of two (2) elective delegates from each representative district, to be "elected in the general elections to be held on the second Tuesday of November, 1971;" and

 

3. R. B. H. No. 3, proposing that Section 16, Article VI, of the same Constitution, be amended so as to authorize Senators and members of the House of Representatives to become delegates to the aforementioned constitutional convention, without forfeiting their respective seats in Congress.

 

Subsequently, Congress passed a bill, which, upon approval by the President, on June 17, 1967, became Republic Act No. 4913, providing that the amendments to the Constitution proposed in the aforementioned Resolutions No. 1 and 3 be submitted, for approval by the people, at the general elections, which shall be held on November 14, 1967.

 Issue:

 1.    Does the Congress (through ordinary legislative process) have the power to amend or propose amendment to the Constitution?

2.    May the proposed amendments be submitted at a plebiscite scheduled on the same day as the regular elections?

 

Held:

1.       No. The power to amend the Constitution or to propose amendments is not included in the general grant of legislative powers to Congress. It is part of the inherent powers of the people - as the repository of sovereignty in a republican state, to make, and, hence, to amend their own Fundamental Law.

 

          Congress may propose amendments to the Constitution merely because the same explicitly grants such power. Hence, when exercising the same, it is said that Senators and Members of the House of Representatives act, not as members of Congress, but as component elements of a constituent assembly. When acting as such, the members of Congress derive their authority from the Constitution, unlike the people, when performing the same function, for their authority does not emanate from the Constitution - they are the very source of all powers of government, including the Constitution itself.

 

          Since, when proposing, as a constituent assembly, amendments to the Constitution, the members of Congress derive their authority from the Fundamental Law, it follows that they do not have the final say on whether or not their acts are within or beyond constitutional limits. The Constitution expressly confers upon the Supreme Court, the power to declare a treaty unconstitutional, despite the eminently political character of treaty-making power.

 

          The issue whether or not a Resolution of Congress - acting as a constituent assembly - violates the Constitution essentially justiciable, not political, and, hence, subject to judicial review.

 

 2.      Yes. The term “election” in article XV of the 1935 Constitution does not indicate that the “election” therein referred to is a “special”, not a general election. The circumstance that three previous amendments to the Constitution had been submitted to the people for ratification in special elections merely shows that congress deemed it best to do so under the circumstances then obtaining. It does not negate its authority to submit proposed amendments for ratification in general elections.