GONZALES vs.

COMMISSION ON ELECTIONS
G.R. NO. L-28196. NOVEMBER 9, 1967

FACTS
The Congress passed the ff. Resolutions of Both Houses (R. B. H.): 1) to propose an
amendment to increase the number of members of House of Representatives from 120 to 180,
2) to call a convention to propose amendments to which the convention be composed of two
(2) elective delegates from each representative district, and 3) to amend Section 16, Article
VI so that Senate and House of Representatives can become delegates without forfeiting their
seats in the Congress.
Afterwards, amendments proposed in R. B. H. No. 1 and 3 were passed as a bill and
became Republic Act No. 4913.

Arguments

Petitioner:
1) The members of the Congress which approved the proposed amendment are de
facto Congressmen
2) Congress cannot apply both propose amendments AND call for a convention
3) The proposed amendment shall be submitted for ratification must be a special
election not a general election
4) The Constitution does not provide conditions for the ratification to give the people
more understanding of the amendments being proposed

Respondent:
1) 3 year period of the apportionment of the members of Congress did not expire
because of the framing and ratification of the 1935 Constitution therefore members of
the Congress are de jure officers
2) The proposed amendments AND call for a convention will not be passed at the
same time
3) It is not stated in Article XV that the election should be “special” and not “general”
4) The Resolutions were approved March 16, 1967, so that, by November 14, 1967,
the people can review the amendments for practically eight (8) months

ISSUE
Is Republic Act No. 4913 constitutional?
Is the Congress allowed to propose amendments AND call for a convention at the same time?

HELD
YES. While, it is stated in Section 1, Article XIV, 1935 Constitution that Congress may
either propose amendments or call a convention, Congress acting as a constituent assembly
may perform both. The constituent power of the Congress is different from the law-making
power of the Congress. It is part of the inherent powers of the people to amend the
Fundamental Law. When acting as such, the members of the Congress derive their authority
from the Constitution. For the Congress to act as a constituent assembly, they should act upon
a vote of ¾ of its members.

Sanchez, J., dissenting:

Meaning of the phrase “submitted to the people for their ratification” – The people must be
properly informed over the original provisions, compare them with the proposed
amendments, and try to reach a conclusion based on their own judgment free from influences
by other people.
GONZALES vs. COMMISSION ON ELECTIONS
G.R. NO. L-28196. NOVEMBER 9, 1967
Procedure for dissemination of information on amendments defective – The procedure
presented does not effectively inform the people. People do not have the necessary
information on which to base their stand on the merits and demerits of the amendments.