13. PLANAS VS.

COMELEC

49 SCRA 105; January 22, 1973

FACTS: While the 1971 Constitution Convention was in session on September 21, 1972, the president
issued Proclamation No. 1081 placing the Philippines under martial law. On November 29, 1972 the
Convention approved its proposed constitution. The next day the president issued PD No. 73 submitting
to the people for ratification or rejection the proposed constitution as well as setting the plebiscite for
said ratification. On December 7, 1972, Charito Planas filed a petition to enjoin respondents from
implemented PD No. 73 because the calling of the plebiscite among others are lodged exclusively in the
Congress. On December 17, 1972, the president issued an order temporarily suspending the effects of
PD 1081 for the purpose of free and open debate on the proposed constitution. On December 23, the
president announced the postponement of the plebiscite, as such, the Court refrained from deciding the
cases. On January 12, the petitioners filed for an “urgent motion” praying that the case be decided “as
soon as possible”.

ISSUES: Does the 1971 Constitutional Convention have the authority to pass the proposed constitution?

RULING: yes. The Court may pass upon constitutionality of PD 73 not only because of a long list of cases
decided by the Court but also of subdivision (1) of Section 2, Article VIII of the 1935 Constitution which
expressly provides for the authority of the Court to review cases revolving such issue. The validity of the
decree itself was declared moot and academic by the Court. The convention is free to postulate any
amendment as long as it is not inconsistent to what is known as Jus Cogens.