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Showing posts with the label Amendments

TOLENTINO vs. COMELEC G.R. No. L-34150 October 16, 1971

  The people are not, and by election time will not be, sufficiently informed of the meaning, nature and effects of the proposed constitutional amendment. They have not been afforded ample time to deliberate thereon conscientiously.   It is our considered view that the intendment of the words, "at an election at which the amendments are submitted to the people for their ratification," embodied in Section 1 of Article XV of the Constitution, has not been met. ARTURO M. TOLENTINO vs. COMMISSION ON ELECTIONS G.R. No. L-34150 October 16, 1971   FACTS: The case is a petition for prohibition to restrain respondent Commission on Elections " from undertaking to hold a plebiscite on November 8, 1971 ," at which the proposed constitutional amendment " reducing the voting age " in Section 1 of Article V of the Constitution of the Philippines to eighteen years "shall be, submitted" for ratification by the people pursuant to Organic Resolution N...

Almario v. Alba, 127 SCRA 69 G.R. No. L-66088 January 25, 1984

NECESSITY OF PROPOSED AMENDMENTS TO DETERMINED SOLELY BY THE PEOPLE. — The necessity, expediency, and wisdom of the proposed amendments are beyond the power of the courts to adjudicate. Precisely, whether or not "grant" of public land and "urban land reform" are unwise or improvident or whether or not the proposed amendments are unnecessary is a matter which only the people can decide. The questions are presented for their determination. The petitioners do not seek to prohibit the holding of the plebiscite but only ask for more time for the people to study the meaning and implications of Resolution Nos. 105 and 113 until the nature and effect of the proposals are fairly and properly submitted to the electorate. The necessity, expediency, and wisdom of the proposed amendments    are beyond the power of the courts to adjudicate. Almario v. Alba, 127 SCRA 69   G.R. No. L-66088 January 25, 1984   Amendment to the Constitution   As provided for in Batas Pamb...

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 inhabit...