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ISSUE:
Is the order for the holding of a plebiscite for the ratification of the amendments stated in
Organic Resolution No. 1 of the 1971 Constitutional Convention a violation of the Philippine
Constitution?
HELD:
The Court holds that all amendments to be proposed must be submitted to the people in a
single "election" or plebiscite. In order that a plebiscite for the ratification of a Constitutional
amendment may be validly held, it must provide the voter not only sufficient time but ample
basis for an intelligent appraisal of the nature of the amendment per se but as well as its relation
to other parts of the Constitution with which it has to form a harmonious whole. We hold that the
plebiscite being called for the purpose of submitting the same for ratification of the people on
November 8, 1971 is not authorized by Section 1 of Article XV of the Constitution; hence all acts
of the Convention and the respondent COMELEC in that direction are null and void.
It says distinctly that either Congress sitting as a constituent assembly or a convention called for
the purpose "may propose amendments to this Constitution, The same provision also as
definitely provides that "such amendments shall be valid as part of this Constitution when
approved by a majority of the votes cast at an election at which the amendments are submitted
to the people for their ratification," thus leaving no room for doubt as to how many "elections" or
plebiscites may be held to ratify any amendment or amendments proposed by the same
constituent assembly of Congress or convention, and the provision unequivocably says "an
election" which means only one. Furthermore, the people were not given a proper frame of
reference in arriving at their decision because they had at the time no idea yet of what the rest
of the revised Constitution would ultimately be and therefore would be unable to assess the
proposed amendment in light of the entire document, This is the Doctrine of Submission which
means that all the proposed amendments to the Constitution shall be presented to the people
for the ratification or rejection at the same time and not piecemeal.
The petition herein is granted. Organic Resolution No. 1 of the Constitutional Convention of
1971 and the implementing acts and resolutions of the Convention, insofar as they provide for
the holding of a plebiscite on November 8, 1971, as well as the resolution of the respondent
COMELEC complying therewith (RR Resolution No. 695) are hereby declared null and void.
The respondents Comelec, Disbursing Officer, Chief Accountant and Auditor of the
Constitutional Convention are hereby enjoined from taking any action in compliance with the
said organic resolution. In view of the peculiar circumstances of this case, the Court declares
this decision immediately executory. No costs