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Constitutional The act of ratification Plenary authority of There must only be Submission of Proposed De Facto v. De Jure Unconstitutionality of
Amendments is the act of voting Congress ONE plebiscite for Amendments govt. Snap Elections
proposed by President ratification
Pres. Marcos De Leon was Con Assembly passed An organic resolution to A resolution was passed Petitioners allege The validity of B.P. 883,
submitted two incumbent Brgy. Res. No. 2 calling for a lower the voting age
by Congress to propose that the Aquino calling for a snap
questions to the Captain of Dolores, CONCON. RA 2914 was from 21 to 18 was
CON amendments. The govt. is illegal election for the
people in a Tagaytay whose term passed to implement proposed and approved election of delegates to because it was not selection of President
referendum-plebiscite was to end in 1988. said Resolution. The by the 1971 CONCON. the CONCON was held established and VP is assailed bec.
in 1976. Petitioners Gov. Esguerra Con Assembly then The resolution also on Nov. 10, 1970. On pursuant to 1973 it is unconstitutional.
now want to declare designated passed Res No. 4 to stated that the Nov. 29, 1972, CONCON CON.
the PDs void because respondents to amend Res No. 2 and plebiscite will coincide
approved the proposed
the Pres. has no CON replace De Leon et al. RA 6132 was enacted with the November CON. Marcos then
grant of constituent in a memoranda repealing the previous 1971 local elections and issued PD 73,
power to propose signed on Feb. 8, 1987. RA and implement Res. shall be w/o prejudice submitting the CON for
amendments to the 2 & 4 to other amendments ratification/rejection
CON and enjoin that will be proposed in
but on Jan. 7, 1973, Gen
COMELEC from the future. Order 20 was issued
holding such postponing the sched.
plebiscite plebiscite and
suspending the
previous order to
suspend the effects of
Proc. No. 1081
1. Does the Pres. Is the designation Is RA 6132 valid? May amendments to the Is PD 73 valid? Is the established Is B.P. 883
possess the power to made by Esguerra CON be partially Aquino govt. a de unconstitutional?
propose amendments validly made pursuant submitted for jure govt.?
to CON? to the Provisional ratification by a
2. Is the submission to CON? plebiscite?
the people sufficient
and proper?
1. Yes. The Pres. No. The Provisional Yes. RA 6132 was No. There must only be Case dismissed. The No. The Aquino No. The question raised
Compiled by Gianna Maree D. Pealosa
San Beda College College of Law, 1J
exercise of legislative CON was already enacted in Congress one plebiscite for the Court deemed it fit to govt. is not merely is political in nature
powers in times of inoperative when he capacity as a legislative ratification of CON refrain from deciding a de facto govt. but and the votes needed to
martial law is a valid made the designation body. They can grant amendments. Also, the the case bec. the it is in fact and law render the law unCON
act. bec. the 1987 CON powers and fix the people must also be date/conditions for the a de jure govt. isnt reached. Case
2. Yes. Three weeks is was already ratified at qualifications and other given sufficient time plebiscite was dismissed.
not too short for free the time and that was requirements needed and ample basis for an unknown.
debates and the CON in effect. such as in the case of intelligent appraisal of
discussions. the CONCON delegates. the amendment.
*NOTE: TIPS (Tolentino.Imbong.Planas.Sanidad) cases on the 1973 Constitution

Compiled by Gianna Maree D. Pealosa

San Beda College College of Law, 1J