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    Gonzales Vs Comelec

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    Michelle Anne
    GONZALES vs COMELEC 21 SCRA 774 1968 TOPIC: Proposal for Amendment of the Constitution by Constitutional Convention This is a summary case for those taking up Constitutional Law 1. I know the cases in this subject can be very long and hard to comprehend, thus, takes up a lot of time to study, which is why I uploaded these cases to help with your studies. If you find any incorrect information or should you have suggestions on how I can improve these digests, feel free to message.

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    Gonzales Vs Comelec

    Uploaded by

    Michelle Anne
    78 views1 page
    GONZALES vs COMELEC 21 SCRA 774 1968 TOPIC: Proposal for Amendment of the Constitution by Constitutional Convention This is a summary case for those taking up Constitutional Law 1. I know the cases in this subject can be very long and hard to comprehend, thus, takes up a lot of time to study, which is why I uploaded these cases to help with your studies. If you find any incorrect information or should you have suggestions on how I can improve these digests, feel free to message.

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    4. Gonzales vs Comelec

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    GONZALES vs COMELEC 21 SCRA 774 1968 TOPIC: Proposal for Amendment of the Constitution by Constitutional Convention This is a summary case for those taking up Constitutional Law 1. I know the cases in this subject can be very long and hard to comprehend, thus, takes up a lot of time to study, which is why I uploaded these cases to help with your studies. If you find any incorrect information or should you have suggestions on how I can improve these digests, feel free to message.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    78 views1 page

    Gonzales Vs Comelec

    Uploaded by

    Michelle Anne
    GONZALES vs COMELEC 21 SCRA 774 1968 TOPIC: Proposal for Amendment of the Constitution by Constitutional Convention This is a summary case for those taking up Constitutional Law 1. I know the cases in this subject can be very long and hard to comprehend, thus, takes up a lot of time to study, which is why I uploaded these cases to help with your studies. If you find any incorrect information or should you have suggestions on how I can improve these digests, feel free to message.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    GONZALES vs COMELEC

    TOPIC: Proposal for Amendment of Constitution – by Constitutional Convention

    FACTS

    On May 16, 1967, the Congress passed three resolutions simultaneously, as follows:
    (1) Proposing an amendment to the Constitution so as to increase the members of the House of
    Representatives from the current maximum of 120 to 180.
    (2) Calling for a convention to propose amendments to the Constitution
    (Convention to be composed of two elective delegates from each representative district to be
    elected in general elections)
    (3) Proposing another amendment to the Constitution so as to authorize members of Congress to
    run as delegates to the aforementioned Constitutional Convention without forfeiting their seats
    in Congress

    Subsequently, Congress passed a bill, which upon approval by the President, became R.A. 4913, proposing
    that the amendments to the Constitution proposed in the mentioned Resolutions Nos. 1 and 3 be submitted,
    for the approval of the people, at the general elections.

    Thus, this consolidated case filed separately by Gonzales and PHILCONSA assailing fo the declaration of
    nullity of R.A. 4913 and Resolution Nos. 1 and 3.

    ISSUE

    Whether or not the congress can simultaneously propose amendments to the Constitution and call for the
    holding of a Constitutional convention.

    HELD

    Yes.
    The Congress can directly propose amendments to the Constitution and at the same time call for the holding
    of a Constitutional Convention to propose amendments.

    The power to amend the Constitution or to propose amendments thereto is not included in the general
    grant of legislative powers to Congress. It is part of the inherent powers of the people – as the repository
    of sovereignty in a republican state, such as ours – to make and hence, to amend their own Fundamental
    Law. Congress may propose amendments to the Constitution merely because the same explicitly grants
    such power. Hence, when exercising the same, it is said that the Senators and Members of House of
    Representatives act, not as members of Congress, but as component elements of a constituent assembly.
    When acting as such, the members of Congress derive their authority from the Constitution, unlike the
    people, when performing the same function, for their authority does not emanate from the Constitution –
    they are the very source of all powers of government, including the Constitution itself.

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