G.R. No. L-35925 January 22, 1973
CHARITO PLANAS,petitioner,vs.COMMISSION ON ELECTIONS, et
al.,respondents.FACTS:On March 16, 1967, Congress of the
Philippines passed Resolution calling a Convention to propose
amendments to the Constitution of the Philippines. Said Resolution
was approved on August 24, 1970, pursuant to the provisions of
which the election of delegates to said Convention was held on
November 10, 1970, and the 1971 Constitutional Convention began to
perform its functions on June 1, 1971. While the Convention was in
session on September 21, 1972, the President issued Proclamation
No. 1081 placing the entire Philippines under Martial Law. On
November 29, 1972, the Convention approved its Proposed
Constitution of the Republic of the Philippines. The next day,
November 30, 1972, the President of the Philippines issued
Presidential Decree No. 73, "submitting to the Filipino people for
ratification or rejection the Constitution of the Republic of the
Philippines proposed by the 1971 Constitutional Convention, and
appropriating funds therefor," as well as setting the plebiscite
for said ratification or rejection of the Proposed Constitution on
January 15, 1973.
Soon after, or on December 7, 1972, Charito Planas filed a case
against the Commission on Elections, the Treasurer of the
Philippines and the Auditor General for the implementation of the
respondents or their agents of Presidential Decree No. 73, and
further states that the said Decree "has no force and effect as law
because the calling ... of such plebiscite, the setting of
guidelines for the conduct of the same, the prescription of the
ballots to be used and the question to be answered by the voters,
and the appropriation of public funds for the purpose, are, by the
Constitution, lodged exclusively in Congress.
Meanwhile, or on December 17, 1972, the President had issued an
order temporarily suspending the effects of Proclamation No. 1081,
for the purpose of free and open debate on the Proposed
Constitution. On December 23, the President announced the
postponement of the plebiscite for the ratification or rejection of
the Proposed Constitution. No formal action to this effect was
taken until January 7, 1973, when General Order No. 20 was issued,
directing "that the plebiscite scheduled to be held on January 15,
1973, be postponed until further notice." Said General Order No.
20, moreover, "suspended in the meantime" the "order of December
17, 1972, temporarily suspending the effects of Proclamation No.
1081 for purposes of free and open debate on the proposed
Constitution."
On January 15, 1973, the President issued a proclamation
entitled PROCLAMATION NO.1102, ANNOUNCING THE RATIFICATION BY THE
FILIPINO PEOPLE OF THE CONSTITUTION PROPOSED BY THE 1971
CONSTITUTIONAL CONVENTION which states that the Constitution
proposed by the nineteen hundred and seventy-one (1971)
Constitutional Convention has been ratified by an overwhelming
majority of all the votes cast by the members of all the Barangays
(Citizens Assemblies) throughout the Philippines, and has thereby
come into effect.
ISSUE:The validity of Presidential Decree No. 73.HELD:The court
dismissed the case, without special pronouncement as to costs. On
validity of the decree, six (6) Members of the Court, are of the
opinion that the issue has become moot and academic, whereas two
(2) Members voted to uphold the validity of said Decree.
