(1) In 1976, President Marcos submitted two questions to the Filipino people in a referendum-plebiscite: whether martial law should continue and whether they approved proposed constitutional amendments.
(2) Petitioners now seek to declare void the presidential decrees that submitted these issues to a plebiscite-referendum, arguing the President has no constitutional power to propose amendments.
(3) The issues are: (1) if the question is political or justiciable, (2) if the President has power to propose and enable ratification of amendments, and (3) if submission to the people was sufficient and proper.
(1) In 1976, President Marcos submitted two questions to the Filipino people in a referendum-plebiscite: whether martial law should continue and whether they approved proposed constitutional amendments.
(2) Petitioners now seek to declare void the presidential decrees that submitted these issues to a plebiscite-referendum, arguing the President has no constitutional power to propose amendments.
(3) The issues are: (1) if the question is political or justiciable, (2) if the President has power to propose and enable ratification of amendments, and (3) if submission to the people was sufficient and proper.
(1) In 1976, President Marcos submitted two questions to the Filipino people in a referendum-plebiscite: whether martial law should continue and whether they approved proposed constitutional amendments.
(2) Petitioners now seek to declare void the presidential decrees that submitted these issues to a plebiscite-referendum, arguing the President has no constitutional power to propose amendments.
(3) The issues are: (1) if the question is political or justiciable, (2) if the President has power to propose and enable ratification of amendments, and (3) if submission to the people was sufficient and proper.
“(2) Whether or not you want martial law to be continued, do you approve the following amendments to the Constitution? xxx” Petitioners now seek to declare void the presidential decrees which
submitted the aforementioned issues to the people in a plebiscite-
referendum. They aver that the incumbent President has no constitutional
grant of constituent power to propose amendments to the Constitution;
consequently, the referendum-plebiscite has no legal basis. They now seek to enjoin COMELEC from holding such plebiscite. Issues. (1) Is the nature of the question on the constitutionality of the assailed presidential decrees political or justiciable? (2) Does the President possess the power to propose amendments to the Constitution as well as set up the required machinery and prescribe the procedure for the ratification of his proposals by the people? (3) Is the submission to the people of the proposed amendments sufficient and proper? Held. (1) The question is justiciable. The constitutional amending in this case is in the form of a delegated and hence a limited power so that the SC is vested with that authority to determine whether that power has been discharged within its limits. Political questions are neatly associated with the wisdom, not the legality of a particular act. [In the case at bar,] what is in the heels of the Court is not the wisdom but the Constitutional authority of the President to perform such acts or to assume the power of a constituent assembly. If the Constitution provides how it may be amended, the Judiciary as the interpreter of that Constitution, can declare whether the procedure followed or the authority assumed was valid or not.