Gonzales vs. COMELEC, G.R. No.

L-
28196, November 9, 1967
SEPTEMBER 16, 2018

FACTS:

On March 16, 1967, the Senate and the House of Representatives passed three resolutions which
aim to:
• Increase the number of the House of Representatives from 120 to 180 members (First
Resolution).
• Call a convention to propose amendments to the Constitution (Second Resolution).
• Permit Senators and Congressmen to be members of the Constitutional Convention without
forfeiting their seats (Third Resolution).

Subsequently, Congress enacted Republic Act No. 4913, which took effect on June 17, 1967. RA
4913 is an Act submitting to the Filipino people for approval the amendments to the Constitution
proposed by the Congress in the First and Third Resolutions.

Petitioner Gonzales, as taxpayer, voter and citizen, and allegedly in representation thru class suit
of all citizens of this country, filed this suit for prohibition with preliminary injunction to restrain
COMELEC from implementing Republic Act 4913 assailing said law as unconstitutional.

Petitioner PHILCONSA, as a civic, non-profit and non-partisan corporation, assails the

constitutionality not only of Republic Act 4913 but also of First and Third Resolutions.

ISSUES/HELD:

1. Whether RA 4913 is constitutional – YES.

2. Whether the submission of the amendments to the people of the Philippines violate the spirit
of the Constitution – NO.

RATIO:

1. RA 4913 is constitutional.

The measures undertaken by RA 4913 to inform the populace about the amendments are
sufficient under the Constitution. The Constitution does not forbid the submission of proposals
for amendment to the people except under certain conditions.
2. The submission of the amendments to the people of the Philippines do not violate the spirit
of the Constitution.

People may not be really interested on how the representatives are apportioned among the
provinces of the Philippines as per First Resolution. Those who are interested to know the full
details may enlighten themselves by reading copies of the amendments readily available in the
polling places. On the matter of Third Resolution, the provisions of Article XV of the
Constitution are satisfied so long as the electorate knows that it permits Congressmen to retain
their seats as legislators, even if they should run for and assume the functions of delegates to the
Convention.

NOTE: The majority voted that the Resolutions and RA 4913 were unconstitutional but they did
not reach specific number of votes to invalidate these congressional acts under the 1935
Constitution, which is two-thirds of the Supreme Court.