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Updated 2nd February 2025
Gonzales vs. Commission on Elections
Petitioners sought to prohibit the enforcement of Republic Act No. 4913, which submitted two constitutional amendments (increasing House representatives and allowing legislators to join a constitutional convention) for ratification during the November 1967 general elections. The Supreme Court dismissed the petitions, upholding the law’s constitutionality but with strong concurring opinions criticizing the sufficiency of public information.

Primary Holding

The Supreme Court upheld the constitutionality of Republic Act No. 4913 and the congressional resolutions proposing the amendments, ruling that submission during a general election complied with Article XV. However, six justices in concurring opinions found the public’s awareness insufficient for valid ratification.

Background

Congress passed Resolutions 1 and 3 (proposing amendments) and Resolution 2 (calling a future constitutional convention) on March 16, 1967. RA 4913 scheduled the plebiscite during the 1967 general election. Petitioners argued the amendments were rushed and inadequately publicized.

History

  • March 16, 1967: Congress adopts Resolutions 1, 2, and 3.

  • June 17, 1967: RA 4913 (plebiscite law) takes effect.

  • October 21, 1967: Gonzales files G.R. No. L-28196.

  • October 31, 1967: PHILCONSA files G.R. No. L-28224.

  • November 8, 1967: Cases consolidated and submitted for decision.

  • November 9, 1967: Supreme Court issues judgment.

Facts

  • 1. Congress proposed amendments to increase House representatives from 120 to 180 and allow legislators to join a constitutional convention without forfeiting seats. RA 4913 set the plebiscite alongside the 1967 general elections, with amendments printed on ballot backs and minimal public education efforts.

Arguments of the Petitioners

  • 1. RA 4913 violated Article XV by using a general election instead of a special plebiscite.
  • 2. Congress was a de facto body due to failure to reapportion districts post-1960 census.
  • 3. The amendments were not sufficiently publicized, violating due process.
  • 4. Congress could not simultaneously propose amendments and call a convention.

Arguments of the Respondents

  • 1. The Constitution permits ratification during general elections.
  • 2. Congress remained de jure despite apportionment delays.
  • 3. RA 4913’s publication and ballot printing complied with legal standards.
  • 4. Political questions (e.g., Congress’s status) were non-justiciable.

Issues

  • 1. Does the Court have jurisdiction over constitutional amendment challenges?
  • 2. Was Congress a de facto body due to reapportionment failure?
  • 3. Could amendments be ratified during a general election?
  • 4. Did RA 4913 ensure adequate public awareness for valid ratification?

Ruling

  • 1. Jurisdiction: The Court affirmed its authority to review constitutional amendments.
  • 2. Congress’s Legitimacy: Congress was de jure; apportionment delays did not invalidate its acts.
  • 3. General Election Validity: Article XV permits ratification during general elections.
  • 4. Public Awareness: The majority found RA 4913’s measures sufficient, but concurring justices criticized the lack of voter education.

Doctrines

  • 1. Judicial Review of Amendments: Courts may review procedural compliance with constitutional amendment requirements.
  • 2. De Facto Officer Doctrine: Officials’ acts remain valid even if their title is later contested.
  • 3. Non-Delegation Principle: Congress’s power to propose amendments is non-delegable.

Key Excerpts

  • 1. “The judicial department is the only constitutional organ which can be called upon to determine the proper allocation of powers between the several departments.”
  • 2. “A constitutional amendment is not a temporary expedient… it is an expression of the people’s sovereign will.” (Concurring opinion)

Precedents Cited

  • 1. Mabanag v. Lopez Vito (1947): Initially deemed amendments a political question but weakened by later rulings.
  • 2. Macias v. COMELEC (1961): Struck down invalid apportionment, cited on Congress’s duties.
  • 3. Angara v. Electoral Commission (1936): Established judicial review over constitutional disputes.

Statutory and Constitutional Provisions

  • 1. Article XV, Section 1: Procedure for constitutional amendments.
  • 2. Article VI, Section 5: Congressional apportionment rules.
  • 3. Republic Act No. 4913: Law implementing the plebiscite.