Case Digest (G.R. No. 149495) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On March 16, 1967, Congress adopted Resolution No. 2, amended by Resolution No. 4 on June 17, 1969, calling a Constitutional Convention to propose amendments to the 1935 Constitution. Implementing Republic Act No. 6132, delegates were elected on November 10, 1970, and the 1971 Constitutional Convention convened on June 1, 1971. While in session, President Ferdinand E. Marcos issued Proclamation No. 1081 placing the Philippines under Martial Law on September 21, 1972. On November 29, 1972, the Convention approved its draft constitution. The following day, the President issued Presidential Decree No. 73, calling a plebiscite on January 15, 1973, to ratify the proposed Constitution and appropriating P15 million. Beginning December 7, 1972, multiple petitioners—including Charito Planas, Pablo C. Sanidad, Gerardo Roxas, and others—filed nine consolidated petitions before the Supreme Court seeking to enjoin implementation of the Decree on grounds that the President lacked authority, t Case Digest (G.R. No. 149495) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Constitutional Convention and President’s Decrees
- On March 16, 1967, Congress adopted Resolutions No. 2 and No. 4 (June 17, 1969) to call a convention for constitutional amendments, implemented by R.A. 6132 (Aug. 24, 1970). Delegates were elected Nov. 10, 1970, and the 1971 ConCon convened June 1, 1971.
- Martial law was proclaimed Sept. 21, 1972 (Proclamation No. 1081). On Nov. 29, 1972, the ConCon approved its draft of a new Constitution. The following day the President issued PD 73, submitting the draft to a Jan. 15, 1973 plebiscite and appropriating P15 million.
- Petitions and Interim Developments
- Between Dec. 7–16, 1972, ten petitions (G.R. Nos. L-35925–L-35979) were filed seeking to enjoin enforcement of PD 73 on grounds that only Congress may call and fund a plebiscite, that time was too short for public information, and that martial law vitiated free voting.
- Hearings were held Dec. 18–19, 1972. Parties filed supplemental notes by Jan. 4, 1973.
- On Dec. 31, 1972, the President issued PD 86 creating “Citizens Assemblies” in every barrio/ward; on Jan. 5, 1973 PD 86-A posed to them, inter alia, “Do you approve of the new Constitution?” and “Do you still want a plebiscite…?”
- On Jan. 7, 1973, General Order 20 postponed the Jan. 15 plebiscite indefinitely and suspended free‐debate provisions.
- Supplemental Motions and Proclamation No. 1102
- On Jan. 12, 1973, petitioners in G.R. No. L-35948 moved for early decision, fearing a Citizens Assemblies referendum would be used to ratify the draft.
- On Jan. 15, 1973, they filed a supplemental motion seeking a restraining order against PD 86/A officials and others to prevent collection or reporting of CA referendum results.
- At the Jan. 17, 1973 hearing, the Court received and read aloud Proclamation No. 1102 (Jan. 17, 1973), certifying that CBAs had voted overwhelmingly to adopt the new Constitution and declaring it effective.
Issues:
- Are challenges to PD 73 and related decrees justiciable or political questions?
- Did the President have authority to call a plebiscite and appropriate funds under PD 73?
- Did the 1971 ConCon exceed its authority by proposing Sections 2, 3(2), and 12 of Article XVII?
- Does martial law per se invalidate submission to the people?
- Is the Citizens Assemblies referendum and Proclamation 1102 a valid ratification under Article XV of the 1935 Constitution?
- Should the petitions be dismissed as moot/academic in view of the plebiscite’s postponement and Proclamation 1102?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)