1967FACTS:

On March 16, 1967, the Senate and the House of Representatives passed resolutions No. 1, 2 and 3
i.e. to increase the seats of the Lower House from 120 to 180; to convoke a Constitutional Convention
of 1971; and to amend the Constitution (Section 16, Article VI) so they can become delegates
themselves to the Convention. 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.Two cases were filed
against this act of Congress: One an is original action for prohibition, with preliminary
injunction by Ramon A. Gonzales, in L-28196, a Filipino citizen, a taxpayer, and a voter. He claims to
have instituted case L-28196 as a class unit, for and in behalf of all citizens, taxpayers, and voters
similarly situated. Another one is by PHILCONSA, in L-28224, a corporation duly organized and existing
under the laws of the Philippines, and a civic, non-profit and non-partisan organization the objective of
which is to uphold the rule of law in the Philippines and to defend its Constitution against erosions or on
slaughts from whatever source.

ISSUE/S:

Whether or not a Resolution of Congress acting as a constituent assembly violates the Constitution?

May Constitutional Amendments Be Submitted for Ratification in a General Election?

HELD:

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. In
the cases at bar, notwithstanding that the R. B. H. Nos. 1 and 3 have been approved by a vote of three-
fourths of all the members of the Senate and of the House of Representatives voting separately, said
resolutions are null and void because Members of Congress, which approved the proposed
amendments, as well as the resolution calling a convention to propose amendments, are, at best, de
facto

Congressmen (based upon Section 5, Article VI, of the Constitution, no apportionment has been made
been made by Congress within three (3) years since 1960.Thereafter, the Congress of the Philippines
and/or the election of its Members became illegal; that Congress and its Members, likewise, became a
de facto Congress and/or de facto congressmen); However, As a consequence, the title of a de
facto officer cannot be assailed collaterally.