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    002 Occena V COMELEC GR L-56350

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    Taz Tanggol Tabao-Sumpingan

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    002 Occena V COMELEC GR L-56350

    Uploaded by

    Taz Tanggol Tabao-Sumpingan
    243 views2 pages

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    243 views2 pages

    002 Occena V COMELEC GR L-56350

    Uploaded by

    Taz Tanggol Tabao-Sumpingan

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Occea vs. COMELEC, G.R. No.

    L-56350 April 2, 1981


    Nature of the Action: prohibition proceedings against the validity of three
    Batasang Pambansa Resolutions proposing constitutional amendments
    Facts:
    Petitioners, both members of the Philippine Bar and delegates to the 1971
    Constitutional Convention that framed the present Constitution are asserting
    that the present 1973 Constitution is not the fundamental law.
    Issues:
    1. Whether or not the present 1973 Constitution is the fundamental law
    2. Whether or not the Interim Batasang Pambansa has the power to
    propose amendments and how it may be exercised
    3. Whether or not the amendments proposed are so extensive in
    character that they are beyond the authority conferred on the Interim
    Batasang Pambansa as successor of the Interim National Assembly
    Ruling: petitions are dismissed for lack of merit
    Ratio Decidendi:
    1. In the dispositive portion of Javellana v. The Executive
    Secretary, dismissing petitions for prohibition and mandamus to
    declare invalid its ratification, the Supreme Court, by majority vote
    concluded that there is not further judicial obstacle to the new
    Constitution being considered in force and effect. It made manifest
    that, as of January 17, 1973, the present Constitution came into force
    and effect. Thereafter, as a matter of law, all doubts were resolved.
    The 1973 Constitution is the fundamental law. Since then, the Supreme
    Court has invariably applied the present Constitution.

    2. The applicable provision in the 1976 Amendments is quite explicit.


    Insofar as pertinent it reads thus: "The Interim Batasang Pambansa
    shall have the same powers and its Members shall have the same
    functions, responsibilities, rights, privileges, and disqualifications as
    the interim National Assembly and the regular National Assembly and
    the Members thereof." One of such powers is precisely that of
    proposing amendments. The 1973 Constitution in its Transitory
    Provisions vested the Interim National Assembly with the power to

    propose amendments upon special call by the Prime Minister by a vote


    of the majority of its members to be ratified in accordance with the
    Article on Amendments.
    3. The Interim Batasang Pambansa, sitting as a constituent body, can
    propose amendments. In that capacity, only a majority vote is needed.
    As to the requisite standard for a proper submission, the question may
    be viewed not only from the standpoint of the period that must elapse
    before the holding of the plebiscite but also from the standpoint of
    such amendments having been called to the attention of the people so
    that it could not plausibly be maintained that they were properly
    informed as to the proposed changes. As to the period, the
    Constitution indicates the way the matter should be resolved. There is
    no ambiguity to the applicable provision: "Any amendment to, or
    revision of, this Constitution shall be valid when ratified by a majority
    of the votes cast in a plebiscite which shall be held not later than three
    months after the approval of such amendment or revision."

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