members of the Philippine Bar and former delegates to the 1971 Constitutional

Members of the philippine bar and former delegates to

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members of the Philippine Bar and former delegates to the 1971 Constitutional Convention that framed the present Constitution, are suing as taxpayers assailed against the validity of three Batasang Pambansa Resolutions (Resolution No. 1 proposing an amendment allowing a natural-born citizen of the Philippines naturalized in a foreign country to own a limited area of land for residential purposes was approved by the vote of 122 to 5; Resolution No. 2 dealing with the Presidency, the Prime Minister and the Cabinet, and the National Assembly by a vote of 147 to 5 with 1 abstention; and Resolution No. 3 on the amendment to the Article on the Commission on Elections by a vote of 148 to 2 with 1 abstention) 1 proposing constitutional amendments. The petitioners asserted in rather unorthodox aspect that the 1973 Constitution is not the fundamental law, the Javellana 2 ruling to the contrary notwithstanding. ISSUES: 1. Whether or not the 1973 Constitution is the fundamental law. 2. Whether or not the resolutions issued by the Interim Batasang Pambansa is unconstitional or not unconstitutional. 3. Whether or not the proposed amendments are so extensive in character that goes far beyond the limits of the authority conferred on the Interim Batasang Pambansa. HELD 1. No. The proposed amendments do not go beyond the limits of the authority conferred on the Interim Batasang Pambansa. In Del Rosario v. Commission on Elections, Justice Makasiar, dispose this contention: thus, "And whether the Constitutional Convention will only propose amendments to the Constitution or entirely overhaul the present Constitution and propose an entirely new Constitution based on an Ideology foreign to the democratic system, is of no moment; because the same will be submitted to the people for ratification. Once ratified by the sovereign people, there can be no debate about the validity of the new Constitution. The fact that the present Constitution may be revised and replaced with a new one ... is no argument against the validity of the law because 'amendment' includes the 'revision' or total overhaul of the entire Constitution. At any rate, whether the Constitution is merely amended in part or revised or totally changed would become immaterial the moment the same is ratified by the sovereign people." Therefore, the Interim Batasang Pambansa, sitting as a constituent body, can propose amendments, whether extensive in character, is inconsequential once ratified. WHEREFORE, it is the ruling of the court that the petitions be dismissed for lack of merit. Lambino, supra Constitutional Law 1 based on the syllabus of Atty. Remoroza 2018- 2019 19
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Merzy’s Notes Prelim Exam i. Congress ii. Constitutional Convention Three Theories on the position of a Constitutional Convention vis-à-vis the regular the departments of government: 1. Theory of Conventional Sovereignty 2. Convention is inferior to the other department 3. Independent of and co-equal to the other departments iii. People only for Amendments Republic Act No. 6735 - An Act Providing for a System of
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