Case Summary (G.R. No. L-36142)
Petitions and Parties
- G.R. No. L-36142 (Javellana v. Exec. Sec. et al.)
- G.R. No. L-36164 (Tan et al. v. Exec. Sec. et al.)
- G.R. No. L-36236 (Monteclaro v. Exec. Sec. et al.)
- G.R. No. L-36165 (Roxas et al. v. Melchor et al.)
- G.R. No. L-36283 (Dilag et al. v. Exec. Sec. et al.)
Key Dates
• March 16, 1967 – Congress passes Res. No. 2 calling Constitutional Convention.
• November 30, 1972 – 1971 Convention approves proposed Constitution.
• December 1, 1972 – Pres. Decree No. 73 calls January 15 plebiscite under 1935 Constitution/1971 Election Code.
• December 31, 1972 – Decree No. 86 creates “Citizens’ Assemblies.”
• January 5, 1973 – Decree No. 86-A tasks those assemblies with referendum on proposed Constitution.
• January 7, 1973 – Gen. Order No. 20 postpones plebiscite indefinitely.
• January 10–15, 1973 – Citizens’ Assemblies vote on draft Constitution and other issues.
• January 17, 1973 – Proclamation No. 1102 certifies vote of assemblies as ratification.
• February 12–16, 1973 – Oral hearings in these five cases.
• March 31, 1973 – Decisions rendered.
Applicable Law
• 1935 Constitution, Art. XV, Sec. 1 – “Amendments… valid… when approved by a majority… in an election… submitted to the people.”
• 1971 Election Code (R.A. No. 6388) – Governs all elections of public officers and plebiscites, prescribes voter qualifications (21 years, literacy, residence), registration, secret ballots, Commission on Elections’ supervision.
• 1972 proposed Constitution, Art. XVII, Sec. 16 – “This Constitution shall take effect immediately upon its ratification by a majority… in a plebiscite called for the purpose.”
Factual Background
- Under martial law proclaimed Sept. 21, 1972, the 1971 Constitutional Convention approved a full draft Constitution Nov. 30, 1972.
- Pres. Decree No. 73 (Dec. 1, 1972) called a Jan. 15, 1973 plebiscite under the 1935 Constitution and 1971 Election Code.
- Gen. Order No. 20 (Jan. 7, 1973) postponed that plebiscite.
- Decrees 86 and 86-A (Dec. 31, 1972 & Jan. 5, 1973) set up “Citizens’ Assemblies” (all residents ≥ 15, any literacy) to vote Jan. 10–15 on the draft Constitution and other issues, viva voce and under executive department supervision.
- Proclamation No. 1102 (Jan. 17, 1973) certified 14,976,561 “yes” votes vs. 743,869 “no,” and declared the draft Constitution ratified and in effect.
Issues Presented
- Was the ratification via Citizens’ Assemblies referendum conducted in compliance with Art. XV, Sec. 1, of the 1935 Constitution and the 1971 Election Code?
- Does Proclamation No. 1102 validly certify ratification?
- Is the question of ratification of a new Constitution a political question or justiciable by this Court?
- Has the proposed Constitution been validly ratified or otherwise entered into effect?
- Are petitioners entitled to injunctive or mandamus relief preventing or requiring actions under the competing Charters?
Petitioners’ Contentions
• No “election… submitted to the people” in accordance with Art. XV, Sec. 1, 1935 Cons., because participation was not confined to qualified registered voters, voting was open (hand-raising), no secret ballots, no Commission on Elections supervision, no formal polling places or certified returns.
• Proclamation No. 1102 is not based on any lawful act of ratification and so is void.
• Martial law and suspension of public debate deprived the assemblies of freedom essential to a valid plebiscite.
• The Citizens’ Assemblies process short-circuited judicial review and by-passed constitutional safeguards.
Respondents’ Contentions
• The issue of validity of Proclamation No. 1102 is a political question, non-justiciable.
• Even if Art. XV procedure was not literally followed, there was substantial compliance: the clear will of the people was expressed in an organized referendum.
• The Citizens’ Assemblies vote was conclusive and irreversible under the doctrine of popular acquiescence and the people’s right to decide political questions.
• The new Constitution has been accepted
Case Syllabus (G.R. No. L-36142)
Procedural History
- Five petitions (G.R. Nos. L-36142, L-36164, L-36236, L-36283 and L-36165) filed from January to February 1973, challenging the President’s certification of a new Constitution.
- Cases consolidated for hearing, respondents’ comments treated as motions to dismiss.
- Full‐court hearing held over five days in February 1973; parties submitted extensive memoranda.
- Decision: by a 6–4 vote, petitions dismissed for lack of justiciable grounds; new Constitution deemed in effect.
Factual Background
- March 16, 1967: Congress enacts Resolution No. 2, calling a Constitutional Convention to propose amendments under Article XV, sec. 1, 1935 Constitution.
- August 24, 1970: Republic Act No. 6132 implements Convention elections (Nov. 10, 1970), Convention opens June 1, 1971.
- Sept. 21, 1972: Proclamation 1081 declares martial law; Dec. 1, 1972: Presidential Decree 73 calls plebiscite on proposed Constitution for Jan. 15, 1973.
- Dec. 31, 1972: Presidential Decree 86 creates Citizens Assemblies (barangays) for “citizen participation”; Jan. 5, 1973: Decree 86-A authorizes referendum by these assemblies (Jan. 10–15).
- Jan. 17, 1973: Proclamation 1102 certifies 14,976,561 votes for ratification versus 743,869 against, proclaims new Constitution ratified.
Applicable Law
- 1935 Constitution, Art. XV, sec. 1: amendments “valid as part of this Constitution when approved by a majority of the votes cast at an election …”
- 1935 Constitution, Art. V, sec. 1: suffrage qualifications—male citizen, 21 years or over, literate, one-year residency.
- 1935 Constitution, Art. X, secs. 1–2: independent Commission on Elections with exclusive charge of election laws.
- Election Code of 1971 (R.A. 6388), secs. 2, 99–102, 101: requires compliant elections or plebiscites, voter registration, secret ballots, official returns.
- 1972 draft Constitution, Art. XVII, sec. 16: “shall take effect immediately upon its ratification by a majority of the votes cast in a plebiscite.”
Issues
- Were the petitions justiciable or were they barred as “political questions”?
- Did the Citizens Assemblies referendum and Proclamation 1102 comply with the amending and ratification provisions of the 1935 Constitution and the Election Code?
- Had the people or their representatives (Executive, Congress) accepted the new Constitution, making further judicial