On September 22 the president issued another proclamation PD 1033 to specify

On september 22 the president issued another

This preview shows page 8 - 10 out of 22 pages.

On September 22, the president issued another proclamation (P.D. 1033) to specify the questions that are to be asked during the referendum on October 16. The first question is whether or not the citizen wants martial law to continue, and the second one asks for the approval on several proposed amendments to the existing Constitution. The COMELEC was vested with the exclusive supervision and control of the national referendum in October 16. Father and son, Pablo and Pablito Sanidad filed for prohibition with preliminary injunction to enjoin the COMELEC from holding and conducting the Referendum Plebiscite on October 16, and to declare without force and effect Presidential Decree Nos. 991 and 1033, insofar as they propose amendments to the Constitution. Another petitioner, Vicente Guzman filed for prohibition with preliminary injunction, asserting that the power to propose amendments or revisions of the Constitution during the transition period is expressly conferred to the interim National Assembly under Section 16, Article XVII of the Constitution. Another set of petitioners, Raul Gonzales and Alfredo Salapantan sought to restrain the implementation of Presidential Decrees relative to the forthcoming Referendum-Plebiscite of October 16. They assert that the incumbent President cannot act as a constituent assembly to propose amendments to the Constitution and a referendum-plebiscite is untenable under the Constitutions of 1935 and 1973. The submission of the proposed amendments in such a short period of time for deliberation renders the plebiscite a nullity. To lift Martial Law, the President need not consult the people via referendum; and allowing 15-.year olds to vote would amount to an amendment of the Constitution, which confines the right of suffrage to those citizens of the Philippines 18 years of age and above. The Solicitor General contends that petitioners have no standing to sue, and that the issue raised is political in nature – and thus it cannot be reviewed by the court. The Solicitor General also asserts that at this state of the transition period, only the incumbent President has the authority to exercise constituent power; the referendum-plebiscite is a step towards normalization. ISSUE : WON the issue poses a justiciable question (specifically on the constitutionality of PDs 991 and 1033).
Image of page 8
HELD : YES. 7 Justices of the Court held that the issue is a justiciable question, while only 3 maintained it was of political nature and thus not justiciable. The Court did not agree with the Solicitor General’s contention that the issue is a political one. This is because the 1973 Constitution expressly provided that the power to propose amendments to the constitution resides in the interim National Assembly in the period of transition.After that transition period, and when the regular National Assembly is in its active session, the power to propose amendments becomes ipso facto the prerogative of the regular National Assembly.
Image of page 9
Image of page 10

You've reached the end of your free preview.

Want to read all 22 pages?

  • Spring '17
  • john doe

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask ( soon) You can ask (will expire )
Answers in as fast as 15 minutes
A+ icon
Ask Expert Tutors