GONZALES vs COMELEC, G.R. No.

L-28196, November 9, 1967FACTS:

On March 16, 1967, the Senate and the House of Representatives passed resolutions No. 1, 2 and 3

i.e. to increase the seats of the Lower House from 120 to 180; to convoke a ConstitutionalConvention of
1971; and to amend the Constitution (Section 16, Article VI) so they can becomedelegates themselves to
the Convention.Subsequently, Congress passed a bill, which, upon approval by the President, on June
17, 1967,became Republic Act No. 4913, providing that the amendments to the Constitution proposed
in theaforementioned Resolutions No. 1 and 3 be submitted, for approval by the people, at thegeneral
elections which shall be held on November 14, 1967.Two cases were filed against this act of
Congress: One an is original action for prohibition, withpreliminary injunction by Ramon A. Gonzales, in
L-28196, a Filipino citizen, a taxpayer, and a voter.He claims to have instituted case L-28196 as a class
unit, for and in behalf of all citizens, taxpayers,and voters similarly situated. Another one is by
PHILCONSA, in L-28224, a corporation dulyorganized and existing under the laws of the Philippines, and
a civic, non-profit and non-partisanorganization the objective of which is to uphold the rule of law in the
Philippines and to defend itsConstitution against erosions or onslaughts from whatever source.

ISSUE/S:

Whether or not a Resolution of Congress

acting as a constituent assembly

violates theConstitution?May Constitutional Amendments Be Submitted for Ratification in a General

Election?

HELD:

The issue whether or not a Resolution of Congress

acting as a constituent assembly

violatesthe Constitution essentially justiciable, not political, and, hence, subject to judicial review.In the
cases at bar, notwithstanding that the R. B. H. Nos. 1 and 3 have been approved by a vote of three-
fourths of all the members of the Senate and of the House of Representatives votingseparately, said
resolutions are null and void because Members of Congress, which approved theproposed amendments,
as well as the resolution calling a convention to propose amendments, are,at best,

de facto
Congressmen (based upon Section 5, Article VI, of the Constitution, noapportionment has been made
been made by Congress within three (3) years since 1960.Thereafter, the Congress of the Philippines
and/or the election of its Members became illegal; thatCongress and its Members, likewise, became a

de facto

Congress and/or

de facto

congressmen);However, As a consequence, the title of a

de facto

officer cannot be assailed collaterally.