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  • Gonzales Vs Comelec GR No 28196 09

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    Emilee Teresta
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    The case involved a challenge to resolutions passed by Congress to amend the Constitution by increasing the number of House seats and allowing Congress members to run as delegates to a constitutional convention without giving up their seats. The Supreme Court ruled the resolutions were unconstitutional because Article XV states that amendments must be proposed by a three-fourths vote of Congress in joint session or by a constitutional convention, and must be ratified in a special election, not a general election. The Court found Congress could not simultaneously amend the Constitution and call a convention.

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    Gonzales vs Comelec

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    Gonzales vs Comelec Gr No 28196 09

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    The case involved a challenge to resolutions passed by Congress to amend the Constitution by increasing the number of House seats and allowing Congress members to run as delegates to a constitutional convention without giving up their seats. The Supreme Court ruled the resolutions were unconstitutional because Article XV states that amendments must be proposed by a three-fourths vote of Congress in joint session or by a constitutional convention, and must be ratified in a special election, not a general election. The Court found Congress could not simultaneously amend the Constitution and call a convention.

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    241 views2 pages

    Gonzales Vs Comelec GR No 28196 09

    Uploaded by

    Emilee Teresta
    The case involved a challenge to resolutions passed by Congress to amend the Constitution by increasing the number of House seats and allowing Congress members to run as delegates to a constitutional convention without giving up their seats. The Supreme Court ruled the resolutions were unconstitutional because Article XV states that amendments must be proposed by a three-fourths vote of Congress in joint session or by a constitutional convention, and must be ratified in a special election, not a general election. The Court found Congress could not simultaneously amend the Constitution and call a convention.

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    © All Rights Reserved
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    6/15/2016

    Gonzales vs COMELEC GR No 28196 09 November 1967 | Random Musings of A Wandering Jaguar

    Random Musings of A Wandering Jaguar


    Gonzales vs COMELEC GR No 28196 09
    November 1967
    09 Monday Mar 2015
    POS TED BY RACHEL CHAN IN CAS E DIGES TS , CONS TITUTIONAL LAW I
    2 COMMENTS
    Facts: The case is an original action for prohibition, with preliminary injunction. On March 16, 1967,
    the Senate and the House of Representatives passed the following resolutions, (1) increasing the number
    of seats in the lower house from 120 to 180, (2) calling for a constitutional convention, and (3) allowing
    members of the Congress to run as delegates to the constitutional convention without forfeiting their
    seats. Congress passed a bill, which, approved by the President on 17 June 1967, became Republic Act
    No. 4913, providing that the amendments to the Constitution proposed in the aforementioned
    Resolutions No. 1 and 3 be submi ed, for approval by the people, at the general elections on 14
    November 1967.
    Issue: Whether or not a resolution of Congress, acting as a constituent assembly, violates the
    Constitution pursuant to Section 1 Article XV.
    Decision: The power to amend the Constitution or to propose amendments is not included in the
    general grant of legislative power to Congress. Pursuant to Section 1 Article XV, The Congress in joint
    session assembled, by a vote of three-fourths of all the Members of the Senate and of the House of
    Representatives voting separately, may propose amendments to this Constitution or call a contention
    for that purpose. Such amendments shall be valid as part of this Constitution when approved by a
    majority of the votes cast at an election at which the amendments are submi ed to the people for their
    ratication. The said resolutions are null and void because the Congress may not avail of both
    amending and calling a convention at the same time and the election must be a special election not a
    general election for amendment to the Constitution shall be submi ed for ratication.

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    6/15/2016

    Gonzales vs COMELEC GR No 28196 09 November 1967 | Random Musings of A Wandering Jaguar

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    thoughts on Gonzales vs COMELEC GR No 28196 09


    November 1967
    1. Catherine Panti
    said:
    October 5, 2015 at 3:35 am
    Thank you for this case digest,, really a big help especially to those who are in rst year college at
    law school.. My sincerely thanks
    REPLY
    said:Rachel Chan
    October 5, 2015 at 4:12 am
    Thanks, Catherine! Happy reading and good luck in school
    REPLY

    Create a free website or blog at WordPress.com. The Chateau Theme.

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