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PLANAS
VS.
COMELEC
(49
SCRA
105) • January
7,
1973:
General
Order
20
=
suspending
of
plebiscite
until
further
DATE:
January
22,
1973
notice
+
suspending
Dec.
17,
1972
Presidential
Order
• SC:
Refrain
from
deciding
since
no
date/conditions
of
plebiscite
+
postponing
of
NATURE:
Original
Action
in
the
SC
the
President
after
CONSULTATION
with
Congress
and
COMELEC
PONENTE:
Concepcion,
C.J.
• January
12,
1973:
Petitioner’s
Urgent
Motion
o PD
86
=
organizing
Citizens
Assemblies
to
be
consulted
on
public
ques.
SUMMARY:
• SC:
Required
respondents
to
Comment
on
“Urgent
Motion”
• Charito
Planas
filed
a
petition
to
the
SC
in
order
to
prohibit
• Petitioner:
Filing
of
Supplemental
Motion
for
Restraining
Order
+
Inclusion
of
implementation
of
(PD)
No.
73
by
scheduling
a
plebiscite
to
ratify
or
reject
additional
respondents
the
proposed
constitutional
amendments
submitted
by
the
1971
• While
hearing:
call
from
Secretary
of
Justice
to
CJ
=
to
deliver
to
him
copy
of
Constitutional
convention.
This
was
done
by
citing
other
constitutional
Proclamation
1102
upon
order
of
President
(as
announced
in
open
court):
provisions
and
other
identical
actions
that
were
filed
including
a
o Proclamation
1102
=
announcing
ratification
by
Filipino
people
of
the
supplemental
urgent
motion
for
issuance
of
restraining
order
for
the
1971
Constitutional
Convention
implementation
of
(PD)
No.
73
and
all
other
proclamations
relating
to
o WHEREAS,
creation
of
Citizens
Assemblies
such.
The
SC
justices
decided
on
a
vote
of
6
to
3
to
dismiss
all
petitions.
It
o WHEREAS,
to
broaden
base
of
citizen
participation
was
found
that
the
said
amendment
was
unnecessary
to
pass.
o WHEREAS,
14M
votes
vs.
743k
FACTS:
o WHEREAS,
vote
of
Barangays/Citizen
Assemblies
=
plebiscite
o WHEREAS,
more
than
95%
in
favor
of
New
Constitution
• March
16,
1967:
Congress
called
for
a
convention
to
propose
amendment.
• Respondents’
defenses:
Later
held
on
November
10,
1970
o Questions
are
political
• June
1,
1971:
the
convention
began
to
preform
its
functions
o ConCon
acted
freely
and
with
authority
not
only
to
propose,
but
to
create
a
constitution
that
will
supersede
current
• September
1972:
While
Convention
in
session,
President
Marcos’
Proclamation
o President’s
call
for
plebiscite/appropriate
VALID
No.
1081
placing
Philippines
in
Martial
Law
o No
improper
submission;
there
can
be
plebiscite
under
Martial
Law
• November
29,
1972:
Convention
approves
Proposed
Constitution
o Argument
that
proposed
constitution
vague/incomplete,
and
• November
30,
1972:
PD
73
=
(the
president)
submitting
to
Filipino
people
for
unconstitutional
delegation
of
powers
=
NOT
RELEVANT/without
merit
ratification
or
rejection
of
Constitution
• SC:
Each
member
to
write
his
own
views;
CJ
to
state
result
of
voting
• December
7,
1972:
Petition
by
Charito
Planas
vs.
COMELEC,
Treasurer
of
o Concepcion,
Makalintal,
Zaldivar,
Castro,
Fernando,
Teehankee,
and
Philippines,
and
Auditor
General
to
PREVENT/NULLIFY
implementation
of
PD
73
Esguerra
=
CONCUR
o PD
73
had
no
legal
effect
because
only
for
the
Congress
can
call
for
a
o Barredo
=
CONCUR
+
DISSENT
plebiscite
o Makasiar
=
CONCUR
as
recapitulated
o No
proper
submission
of
Proposed
Constitution
since
no
freedom
of
o Antonio
=
CONCUR
(Separate
Opinion)
speech
since
Martial
Law
o No
sufficient
time
to
inform
people
of
contents
• Filing
of
other
identical
actions
CONCEPCION,
C.J.
(concur)
• All
cases
required
to
file
Answer;
agreement
to
continue
hearing
jointly;
submission
of
notes
for
points
they
want
to
stress
• December
17,
1972:
Presidential
Order
to
suspend
effects
of
PD
1081
(Martial
Law)
for
free
and
open
debate
of
the
proposed
constitution
ISSUES:
(1) WON
PD
73
is
judiciable,
and/or
as
a
result,
valid
or
invalid?
(2) WON
1971
Constitutional
Convention
exceeded
authority
in
approving
• Repugnancy
=
election
contemplated
(Art.
15)
VS
existence
of
Martial
Law;
Secs.
2,3
(2)
and
Article
12
GRANT
petition
BUT
moot/academic
(3) WON
Martial
Law
affects
validity
of
amendment
submission
to
people
(4) WON
petitions
contesting
legality
PN
1101
be
dismissed
• Question
of
fact
=
cannot
be
predetermine
AND
not
necessarily
preclude
possibility
of
adequate
freedom
HELD:
• Not
raised
=
not
PROPERLY
raised;
cannot
pass
upon
question
• Falls
short
=
Citizens
Assemblies
not
confirming
to
Constitution,
BUT
law
in
(1) PD
73
is
legally
justiciable.
6-‐3
justices
believed
that
it
had
become
moot
force
already
and
academic
due
to
suspension
and
subsequent
passing
of
PN
1102
(2) 6
justices
believed
it
was
mood
and
academic;
5
justices
voted
to
uphold
to
the
authority
of
the
convention.
Likewise
concurred
that
they
still
held
RATIO/REASONING:
authority
(3) Martial
Law
did
not
necessarily
prevent
the
ratification
of
the
said
I. Judicial
review
shall
mean
to
include
Presidential
decrees
which
have
the
proposed
constitution.
However,
the
issue
with
regard
to
the
validity
of
force
and
effect
of
legislation,
making
it
justiciable.
PD
1102
was
not
properly
raised
although
it
did
fall
short
in
conforming
to
Art
15.
Alternate
Ratio:
Justiciability
of
Presidential
Decrees
are
mandated
by
(4) YES
Sec.
2,
Article
8
of
the
1935
Constitution,
expressly
providing
for
the
authority
of
the
SC
to
review
cases
involving
said
issue.
II. Authority
of
Constitutional
Conventions
shall
mean
to
be
legally
free
in
postulating
any
amendments
it
may
deem
fit
to
propose,
except
in
cases
of
Jus
Cogens
• Jus
Cogens
=
concept
in
international
law
• Convention
powers
delegated
by
the
people,
and
unless
ratified
by
election,
cannot
be
valid
as
part
of
the
Constitution
Petitioners
in
G.R.
No.
L-‐35948
maintain
that
the
1971
Constitutional
Convention
had
exceeded
its
authority
in
approving
Sections
2,
3
(par.
2)
and
12
of
Article
XVII
of
the
proposed
Constitution.
Regardless
of
the
wisdom
and
moral
aspects
of
the
contested
provisions
of
the
proposed
Constitution,
it
is
my
considered
view
that
the
Convention
was
legally
free
to
postulate
any
amendment
it
may
deem
fit
to
propose
—
save
perhaps
what
is
or
may
be
inconsistent
with
what
is
now
known,
particularly
in
international
law,
as
Jus
Cogens
—
not
only
because
the
Convention
exercised
sovereign
powers
delegated
thereto
by
the
people
—
although
insofar
only
as
the
determination
of
the
proposals
to
be
made
and
formulated
by
said
body
is
concerned
—
but,
also,
because
said
proposals
cannot
be
valid
as
part
of
our
Fundamental
Law
unless
and
until
"approved
by
the
majority
of
the
votes
cast
at
an
election
at
which"
"
said
proposals
"are
submitted
to
the
people
for
their
ratification,"
as
provided
in
Section
1
of
Art.
XV
of
the
1935
Constitution.
DIFFERENT
OPINIONS
MAKALINTAL
and
CASTRO,
JJ.
(concur)
I. ISSUES
1,
2,
and
3
of
petitioners
are
MOOT
AND
ACADEMIC.
• Issue
1
=
President
no
power
to
call
a
plebiscite
for
ratification
• Issue
2
=
Draft
is
vague
and
incomplete
• Issue
3
=
Time
for
draft
too
inadequate
to
inform
people
• Plebiscite
did
not
take
place
(postponement)
o ALSO,
since
Citizens
Assemblies
made
unlikely
that
plebiscite
will
be
ever
held
• Ratification
also
took
place
already
(Proclamation
1102)
• IF
TO
BE
ASSAILED,
amendments
not
to
be
treated
as
proposals
but
already
as
PROVISIONS
of
the
Constitution
• GR
L-‐35948
attempt
to
question
validity
of
Proclamation
1102
o Not
raised/argued
o May
be
ventilated
only
by
appropriate
case/pleadings/parties
ZALDIVAR,
J.
(dissent)
• Disagrees
that
the
cases
involved
have
become
moot
and
academic
simply
because
the
relief
prayed
for
the
petitioners
cannot
be
granted
after
Proclamation
1102
by
the
president
• A
case
cannot
become
moot
when
substantial
rights
and
issues
still
neglected
and
are
not
settled.