At the very least they can examine it before casting their vote and determine

At the very least they can examine it before casting

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they can either accept or reject it in its entirety. At the very least, they can examine it before casting their vote and determine for themselves from a study of the whole document the merits and demerits of all or any of its parts and of the document as a whole. And so also, when an amendment is submitted to them that is to form part of the existing constitution, in like fashion they can study with deliberation the proposed amendment in relation to the whole existing constitution and or any of its parts and
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thereby arrive at an intelligent judgment as to its acceptability. Gonzales Vs. Comelec Case Digest 27 SCRA 835 G.R. L-27833 April 18, 1969 Ponente: Laurel, J. 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.
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  • Spring '17
  • john doe

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