Imbong v. Comelec, 35 SCRA 28

Imbong v Comelec Case Digest (consti-1)

 

Imbong v Comelec   September 11, 1970        

RA 6132: delegates in Constitutional Convention

 

Ponente: Makasiar

 

RELATED LAWS:

Resolution No 2 (1967) -Calls for Constitutional Convention to be composed of 2 delegates from each representative district who shall be elected in November, 1970.

RA 4919 -implementation of Resolution No 2

Resolution 4 (1969)-amended Resolution 2: Constitutional Convention shall be composed of 320delegates a proportioned among existing representative districts according to the population. Provided that each district shall be entitled to 2 delegates.

RA 6132-Concon Act 1970, repealed RA 4919, implemented Res No. 2 & 4.

Sec 4: considers all public officers/employees as resigned when they file their candidacy

Sec 2: apportionment of delegates

Sec 5: Disqualifies any elected delegate from running for any public office in the election or from assuming any appointive office/position until the final adjournment of the ConCon.

Par 1 Sec 8: ban against all political parties/organized groups from giving support/representing a delegate to the convention.

 

FACTS:

This is a petition for declaratory judgment. Manuel Imbong and Raul Gonzales, filing separate cases and both interested in running as candidates for delegates to the Constitutional Convention, question the constitutionality of R.A. No. 6132, claiming that it prejudices their rights as such candidates. These are 2 separate but related petitions of running candidates for delegates to the Constitutional Convention assailing the validity of RA 6132.

Gonzales: Sec, 2, 4, 5 and Par 1 Sec 8, and validity of entire law

Imbong: Par 1 Sec 8

 

ISSUE:

1.      Does the Congress have the right to call for a constitutional convention and set the parameters of such convention?

2.    Are the provisions of R.A. 6132 constitutional?

 

 

 

 

 

HOLDING:

 

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:

 

1.    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. The Congress has authority to call a constitutional convention as the constituent assembly. The Congress also has the authority to enact implementing details, contained in Res. Nos. 2 and 4 and R.A. 6132, since such details are within the competence of the Congress in the exercise of its legislative power.

2.    The provisions are constitutional. Sec. 4 of R.A. 6132 is merely an application with Sec. 2 of Art. XII of the Constitution and does not constitute a denial of due process or equal protection of the law. Sec. 2 also merely obeyed the intent of the Congress in Res. Nos. 2 and 4 regarding the apportionment of delegates.

 

The challenged disqualification of an elected delegate from running for any public office in Sec. 5 is a valid limitation as it is reasonable and not arbitrary.

 

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 Constitutional Convention.

 

Lastly, par. 1 of Sec. 8(a) which is both contested by the petitioners is still valid as the restriction contained in the section is so narrow that basic constitutional rights remain substantially intact and inviolate thus the limitation is a valid infringement of the constitutional guarantees invoked by the petitioners.

 

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.