Case Summary (G.R. No. L-32432)
Section 4: Resignation Requirement
RA 6132 § 4 deems all public officers and employees—including AFP members and government corporate officers—resigned upon filing certificates of candidacy. Supreme Court upheld this as consistent with Art. XII § 2’s prohibition on holding office while a candidate, and not violative of due process or equal protection.
Section 2: Apportionment of Delegates
RA 6132 § 2 apportions 320 delegates among representative districts by population, with minimum two per district, based on 1970 preliminary census and formula submitted by Bureau of Census. Constitution does not compel exact proportionality for convention delegates as it does for legislative districts. The apportionment scheme is reasonable, substantially proportional, and implements Res. 4’s directive.
Section 5: Temporary Office Disqualification
RA 6132 § 5 disqualifies elected convention delegates from seeking or assuming any public office (elective or appointive) until final adjournment of the Convention (not to exceed one year). Court held:
• No vested right to public office; qualifications and disqualifications are legislative.
• Temporary ban ensures undivided dedication to drafting the Constitution, prevents bargaining or coercion by appointing authorities, and parallels analogous provision barring congressional members from post-election appointment (Art. VI § 16, 1935 Constitution).
• Classification is reasonable, germane to object, applies equally to all delegates, and thus consistent with due process and equal protection.
Section 8(a)(1): Ban on Party or Organizational Support
RA 6132 § 8(a)(1) prohibits any candidate from declaring or allowing representation as candidate of any political party or organization, and bars parties/groups from intervening in nomination or campaigning for delegate candidates. Court applied “clear and present danger” test under state police power:
• Fundamental rights of expression, assembly, and association are not absolute and may be limited to protect public interests.
• Debasement of electoral process and inequality of chances constitute substantive evils.
• Total ban narrow in scope: candidates retain family and minimal campaign staff support; individuals may speak or assemble; organizations may advocate constitutional issues but not party-style campaigning for delegates.
• Restriction promotes independent delegate status, equalizing resource disparities, and ensures delegates represent national rather than narrow sectional interests.
Conclusion: § 8(a)(1) is a valid, constitutional limitation on political and organizational support.
Concurring and Dissenting Views
• Justice Fernando (with Chief Justice Concepcion and Justice Villamor): Dissent as to § 8(a)(1). Emphasizes explicit constitutional guarantee to fo
Case Syllabus (G.R. No. L-32432)
Procedural Posture
- Two related petitions for declaratory relief under Section 19, R.A. No. 6132 (“Constitutional Convention Act of 1971”) were filed by Manuel B. Imbong (G.R. No. L-32432) and Raul M. Gonzales (G.R. No. L-32443), both lawyers, taxpayers, and prospective delegates to the Constitutional Convention.
- Petitioners challenged the constitutionality of R.A. 6132, alleging prejudice to their rights as candidates.
- The Solicitor General filed answers for respondents. Hearings featured petitioners and amici curiae (Senators Tanada, Tolentino, Salonga, Pelaez).
- The Supreme Court consolidated and decided both petitions in one decision on September 11, 1970.
Legislative History
- March 16, 1967: Congress acting as Constituent Assembly adopted Joint Resolution No. 2 calling a Constitutional Convention of two delegates per representative district, with qualifications like Congressmen, to be elected November 1970.
- 1967–1969: R.A. 4914 implemented Joint Resolution No. 2 verbatim.
- June 17, 1969: Constituent Assembly passed Joint Resolution No. 4, amending delegate apportionment to 320 delegates by population (minimum two per district) and directing implementing legislation.
- August 24, 1970: Congress in legislative capacity enacted R.A. 6132, repealing R.A. 4914 and embodying Resolutions Nos. 2 and 4.
Scope of Congress’s Authority
- Congress as Constituent Assembly (Art. XV) holds plenary power to call a convention by three-fourths vote and, by necessary implication, to determine delegate number, qualifications, apportionment, compensation, and essential details (except appropriation).
- Implementing details not provided by Constituent Assembly may validly be enacted by Congress as a legislative body, so long as they do not conflict with the Constitution.
- Presidential veto of implementing legislation is not fatal; Congress may override or reconvene as Constituent Assembly to adopt necessary provisions.
Validity of Enactment of R.A. 6132
- Without addressing each provision’s validity, the Court upheld the enactment of R.A. 6132 by Congress