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Manuel Imbong vs. COMELEC, G.R. No.

L-32432, September 11, 1970 Topic:

Amendment or Revision of the Constitution (procedure- proposal)


Manuel Imbong and Raul Gonzales, filing separate cases and both interested in running as
candidates for delegates to the Constitutional Convention, question the constitutionality of R.A.
No. 6132, claiming that it prejudices their rights as such candidates. On March 16, 1967, the
Congress, acting as a Constituent Assembly, passed Res. No. 2 which called for a Constitutional
Convention which shall have two delegates from each representative district. On June 17, 1969,
the Congress passed Resolution No. 4 amending Resolution No. 2 by providing that the
convention shall be composed of 320 delegates with at least two delegates from each
representative district. On August 24, 1970, the Congress, acting as a legislative body, enacted
R.A. 6132, implementing Res Nos. 2 and 4 and expressly repealing R.A 4914 which previously
implemented Res. No. 2. Gonzales assails the validity of Sections 2, 4, 5, and par. 1 of 8(a), and
the entire law, while Imbong questions the constitutionality of par. 1 of Sec. 8(a) of said R.A.


Whether the Congress has a right to call for Constitutional Convention and whether the
parameters set by such a call is constitutional.


The Congress has the authority to call for a Constitutional Convention as a Constituent
Assembly. Furthermore, specific provisions assailed by the petitioners are deemed as
Sec 4 RA 6132: it is simply an application of Sec 2 Art 12 of Constitution. The Congress acting
as Constituent Assembly, has full authority to propose amendments, or call for convention for
the purpose by votes and these votes were attained by Resolution 2 and 4. Sec 2 RA 6132: it is a
mere implementation of Resolution 4 and is enough that the basis employed for such apportions
is reasonable. Sec 5: State has right to create office and parameters to qualify/disqualify
members thereof. Furthermore, this disqualification is only temporary. This is a safety
mechanism to prevent political figures from controlling elections and to allow them to devote
more time to the Constitutional Convention. Par 1 Sec 8: this is to avoid debasement of electoral
process and also to assure candidates equal opportunity since candidates must now depend on
their individual merits, and not the support of political parties. This provision does not create
discrimination towards any particular party/group, it applies to all organizations