CHARITO PLANAS, petitioner,

vs.
COMMISSION ON ELECTIONS, et al., respondents.
G.R. No. L-35925 January 22, 1973

Facts
On 16 March 1967, Congress of the Philippines passed Resolution 2, which was amended by Resolution
4 of said body, adopted on 17 June 1969, calling a Convention to propose amendments to the Constitution
of the Philippines. Said Resolution 2, as amended, was implemented by RA 6132, approved on 24 August
1970, pursuant to the provisions of which the election of delegates to said Convention was held on 10
November 1970, and the 1971 Constitutional Convention began to perform its functions on 1 June 1971.
While the Convention was in session on 21 September 1972, the President issued Proclamation 1081
placing the entire Philippines under Martial Law. On 29 November 1972, the Convention approved its
Proposed Constitution of the Republic of the Philippines. The next day, 30 November 1972, the President
of the Philippines issued Presidential Decree 73, "submitting to the Filipino people for ratification or
rejection the Constitution of the Republic of the Philippines proposed by the 1971 Constitutional
Convention, and appropriating funds therefor," as well as setting the plebiscite for said ratification or
rejection of the Proposed Constitution on 15 January 1973.
On 17 December 1972, the President had issued an order temporarily suspending the effects of
Proclamation 1081, for the purpose of free and open debate on the Proposed Constitution. On December
23, the President announced the postponement of the plebiscite for the ratification or rejection of the
Proposed Constitution.

Issue:
Whether or not Presidential Decree 73 "submitting to the Filipino people for ratification or rejection the
Constitution of the Republic of the Philippines proposed by the 1971 Constitutional Convention, and
appropriating funds therefor," has no force and effect as law because the calling of such plebiscite, the
setting of guidelines for the conduct of the same, the prescription of the ballots to be used and the
question to be answered by the voters, and the appropriation of public funds for the purpose, are, by the
Constitution, lodged exclusively in Congress, and there is no proper submission to the people of said
Proposed Constitution set for 15 January 1973, there being no freedom of speech, press and assembly,
and there being no sufficient time to inform the people of the contents thereof.

Held:
Presidential Decree 73 purports to have the force and effect of a legislation that is why it comes under the
jurisdiction of the Judiciary to review cases involving constitutionality of statutes and/or acts of the
Executive under the authority of Subdivision (1) of Section 2, Article VIII of the 1935 Constitution,
which expressly provides such authority of the Supreme Court.
As regards to the authority of the President to issue Presidential Decree 73, the court deferred to pass
judgement because the plebiscite ordained in said decree has been postponed. Six (6) justices agreed that
the question became moot and academic, while three justices voted to uphold the validity of the decree.

By: Joseph Mendoza II, Student no. 99-00076