Case Digest (G.R. No. L-36142) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On November 30, 1972, the 1971 Constitutional Convention approved a new draft charter for the Republic of the Philippines. One day later, President Marcos issued Presidential Decree No. 73, calling a plebiscite on January 15, 1973, to ratify or reject that draft. Four days before the scheduled vote, the President suspended debate on the proposed charter and postponed the plebiscite by General Order No. 20 (January 7, 1973). Instead, he created Citizens’ Assemblies in barrios, municipalities, and city wards under Presidential Decree No. 86 (December 31, 1972) and No. 86-A (January 5, 1973). These assemblies of all residents aged fifteen or older met from January 10 to 15, 1973, to answer questions including “Do you approve of the New Constitution?” and “Do you want a plebiscite to be called to ratify the new Constitution?” On January 17, 1973, the President issued Proclamation No. 1102, certifying that 14,976,561 assembly members voted for adoption, while 743,869 voted against. W Case Digest (G.R. No. L-36142) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Background of Plebiscite Cases
- Congress passed Res. No. 2 (Mar 16, 1967), amended Res. No. 4 (Jun 17, 1969) and R.A. 6132 (Aug 24, 1970) calling the 1971 Constitutional Convention.
- Martial Law proclaimed Sep 21, 1972 (Procl. 1081). Convention approved proposed Constitution Nov 30, 1972. President issued PD 73 (Nov 30) for plebiscite Jan 15, 1973.
- Plebiscite cases (GR L-35925 et al.) filed Dec 1972 challenged PD 73; SC set for hearing, then postponed action after plebiscite postponed by Gen. Order No. 20 (Jan 7, 1973). SC dismissed as moot on Jan 22, 1973.
- Citizens’ Assemblies Referendum
- PD 86 (Dec 31, 1972) created barangay “Citizens’ Assemblies” (age ≥ 15, ≥ 6 months’ residence).
- PD 86-A (Jan 5, 1973) directed Assemblies to hold referendum Jan 10–15 on issues including approval of new Constitution; votes largely by show of hands.
- Department of Local Governments tabulated returns; Pres. proclaimed Procl. 1102 (Jan 17) certifying 14,976,561 “yes” vs. 743,869 “no” and declared ratification.
- New Cases (Jan–Feb 1973)
- GR L-36142, L-36164, L-36236, L-36283, L-36165 filed against Executive Secretary, Cabinet members, COMELEC, etc., seeking injunction/prohibition against implementation of November 1972 draft Constitution and Procl. 1102; L-36165 also sought mandamus against Senate officers.
- Respondents’ consolidated comments treated as motions to dismiss; SC required briefs, took the cases up Feb 12–16, 1973.
Issues:
- Justiciability: Is proclaiming ratification (Procl. 1102) a political question beyond SC review?
- Ratification Validity: Did the Citizens’ Assemblies referendum substantially comply with Art. XV § 1, 1935 Const., and related election laws?
- Popular Acceptance: Has the people’s acquiescence (via Executive and Legislative branches’ conduct) validated the new Constitution?
- Effectivity: Is the proposed Constitution now in force and operative?
- Relief: If not in force, are petitioners entitled to injunctive and mandamus relief?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)