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    Charito Planas Vs Comelec

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    Dianne Comon
    Charito Planas filed a case challenging the validity of Presidential Decree No. 73, which set a plebiscite for January 15, 1973 to ratify or reject the constitution proposed by the 1971 constitutional convention. Meanwhile, martial law was in place and the plebiscite was postponed. On January 15, 1973, a proclamation was issued announcing the ratification of the proposed constitution by an overwhelming majority. The court dismissed the case as the issue was now moot and academic, with six justices finding the issue moot and two upholding the validity of the decree.

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    Charito Planas Vs Comelec

    Uploaded by

    Dianne Comon
    652 views2 pages
    Charito Planas filed a case challenging the validity of Presidential Decree No. 73, which set a plebiscite for January 15, 1973 to ratify or reject the constitution proposed by the 1971 constitutional convention. Meanwhile, martial law was in place and the plebiscite was postponed. On January 15, 1973, a proclamation was issued announcing the ratification of the proposed constitution by an overwhelming majority. The court dismissed the case as the issue was now moot and academic, with six justices finding the issue moot and two upholding the validity of the decree.

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    Planas vs Comelec

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    Charito Planas vs Comelec

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    Charito Planas filed a case challenging the validity of Presidential Decree No. 73, which set a plebiscite for January 15, 1973 to ratify or reject the constitution proposed by the 1971 constitutional convention. Meanwhile, martial law was in place and the plebiscite was postponed. On January 15, 1973, a proclamation was issued announcing the ratification of the proposed constitution by an overwhelming majority. The court dismissed the case as the issue was now moot and academic, with six justices finding the issue moot and two upholding the validity of the decree.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    652 views2 pages

    Charito Planas Vs Comelec

    Uploaded by

    Dianne Comon
    Charito Planas filed a case challenging the validity of Presidential Decree No. 73, which set a plebiscite for January 15, 1973 to ratify or reject the constitution proposed by the 1971 constitutional convention. Meanwhile, martial law was in place and the plebiscite was postponed. On January 15, 1973, a proclamation was issued announcing the ratification of the proposed constitution by an overwhelming majority. The court dismissed the case as the issue was now moot and academic, with six justices finding the issue moot and two upholding the validity of the decree.

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    G.R. No.

    L-35925 January 22, 1973


    CHARITO PLANAS, petitioner,
    vs.
    COMMISSION ON ELECTIONS, et al., respondents.
    FACTS:
    On March 16, 1967, Congress of the Philippines passed Resolution calling a Convention to
    propose amendments to the Constitution of the Philippines. Said Resolution was
    approved on August 24, 1970, pursuant to the provisions of which the election of
    delegates to said Convention was held on November 10, 1970, and the 1971
    Constitutional Convention began to perform its functions on June 1, 1971. While the
    Convention was in session on September 21, 1972, the President issued Proclamation No.
    1081 placing the entire Philippines under Martial Law. On November 29, 1972, the
    Convention approved its Proposed Constitution of the Republic of the Philippines. The
    next day, November 30, 1972, the President of the Philippines issued Presidential Decree
    No. 73, "submitting to the Filipino people for ratification or rejection the Constitution of
    the Republic of the Philippines proposed by the 1971 Constitutional Convention, and
    appropriating funds therefor," as well as setting the plebiscite for said ratification or
    rejection of the Proposed Constitution on January 15, 1973.
    Soon after, or on December 7, 1972, Charito Planas filed a case against the Commission
    on Elections, the Treasurer of the Philippines and the Auditor General for the
    implementation of the respondents or their agents of Presidential Decree No. 73, and
    further states that the said Decree "has no force and effect as law because the calling ...
    of such plebiscite, the setting of guidelines for the conduct of the same, the prescription
    of the ballots to be used and the question to be answered by the voters, and the
    appropriation of public funds for the purpose, are, by the Constitution, lodged exclusively
    in Congress.
    Meanwhile, or on December 17, 1972, the President had issued an order temporarily
    suspending the effects of Proclamation No. 1081, for the purpose of free and open debate
    on the Proposed Constitution. On December 23, the President announced the
    postponement of the plebiscite for the ratification or rejection of the Proposed
    Constitution. No formal action to this effect was taken until January 7, 1973, when
    General Order No. 20 was issued, directing "that the plebiscite scheduled to be held on
    January 15, 1973, be postponed until further notice." Said General Order No. 20,
    moreover, "suspended in the meantime" the "order of December 17, 1972, temporarily
    suspending the effects of Proclamation No. 1081 for purposes of free and open debate on
    the proposed Constitution."
    On January 15, 1973, the President issued a proclamation entitled PROCLAMATION
    NO. 1102, ANNOUNCING THE RATIFICATION BY THE FILIPINO PEOPLE OF THE
    CONSTITUTION PROPOSED BY THE 1971 CONSTITUTIONAL CONVENTION which states
    that the Constitution proposed by the nineteen hundred and seventy-one (1971)
    Constitutional Convention has been ratified by an overwhelming majority of all the votes
    cast by the members of all the Barangays (Citizens Assemblies) throughout the
    Philippines, and has thereby come into effect.
    ISSUE:
    The validity of Presidential Decree No. 73.
    HELD:
    The court dismissed the case, without special pronouncement as to costs. On validity of
    the decree, six (6) Members of the Court, are of the opinion that the issue has become
    moot and academic, whereas two (2) Members voted to uphold the validity of said
    Decree.

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