Tuesday, July 5, 2011

Imbong v Comelec Case Digest (consti-1)

Imbong v Comelec September 11, 1970

RA 6132: delegates in Constitutional Convention

Petitioner: Imbong

Respondents: Ferrer (Comelec Chair), Patajo, Miraflor (Comelec Members)

Petitioner: Gonzales

Respondent: Comelec

Ponente: Makasiar

RELATED LAWS:

Resolution No 2 (1967) -Calls for Constitutional Convention to be composed of 2 delegates from each
representative district who shall be elected in November, 1970.

RA 4919 -implementation of Resolution No 2

Resolution 4 (1969)-amended Resolution 2: Constitutional Convention shall be composed of

320delegates a proportioned among existing representative districts according to the population.
Provided that each district shall be entitled to 2 delegates.

RA 6132-Concon Act 1970, repealed RA 4919, implemented Res No. 2 & 4.

Sec 4: considers all public officers/employees as resigned when they file their candidacy

Sec 2: apportionment of delegates

Sec 5: Disqualifies any elected delegate from running for any public office in the election or from
assuming any appointive office/position until the final adournment of the ConCon.

Par 1 Sec 8: ban against all political parties/organized groups from giving support/representing a
delegate to the convention.

FACTS:

This is a petition for declaratory judgment. These are 2 separate but related petitions of running
candidates for delegates to the Constitutional Convention assailing the validity of RA 6132.Gonzales:
Sec, 2, 4, 5 and Par 1 Sec 8, and validity of entire law Imbong: Par 1 Sec 8

ISSUE:

Whether the Congress has a right to call for Constitutional Convention and whether the parameters set
by such a call is constitutional.

HOLDING:

The Congress has the authority to call for a Constitutional Convention as a Constituent Assembly.
Furthermore, specific provisions assailed by the petitioners are deemed as constitutional.

RATIO:

- Sec 4 RA 6132: it is simply an application of Sec 2 Art 12 of Constitution

-Constitutionality of enactment of RA 6132:

Congress acting as Constituent Assembly, has full authority to propose amendments, or call for
convention for the purpose by votes and these votes were attained by Resolution 2 and 4

- Sec 2 RA 6132: it is a mere implementation of Resolution 4 and is enough that the basis employed for
such apportions is reasonable. Macias case relied by Gonzales is not reasonable for that case granted
more representatives to provinces with less population and vice versa. In this case, Batanes is equal to
the number of delegates I other provinces with more population.

- Sec 5: State has right to create office and parameters to qualify/disqualify members thereof.
Furthermore, this disqualification is only temporary. This is a safety mechanism to prevent political
figures from controlling elections and to allow them to devote more time to the Constitutional
Convention.

- Par 1 Sec 8: this is to avoid debasement of electoral process and also to assure candidates equal
opportunity since candidates must now depend on their individual merits, and not the support of
political parties. This provision does not create discrimination towards any particular party/group, it
applies to all organizations.

Posted by Notario Boy at 8:39 AM