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  • IMBONG v. COMELEC

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    Ann Bayas
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    Congress passed resolutions calling for a Constitutional Convention and setting qualifications for delegates. Congress then enacted laws to implement the resolutions. Petitioners challenged the validity of the later implementing law, enacted while Congress was acting as a legislative body. The Court held that while Congress as a Constituent Assembly has the power to call a convention, enacting details to implement it can be done by Congress in its legislative role, as those details involve ordinary legislative matters. Congress acting legislatively has the power to fill in gaps left by Congress acting as a Constituent Assembly regarding implementation. The later implementing law was therefore valid.

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    IMBONG v. COMELEC

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    Congress passed resolutions calling for a Constitutional Convention and setting qualifications for delegates. Congress then enacted laws to implement the resolutions. Petitioners challenged the validity of the later implementing law, enacted while Congress was acting as a legislative body. The Court held that while Congress as a Constituent Assembly has the power to call a convention, enacting details to implement it can be done by Congress in its legislative role, as those details involve ordinary legislative matters. Congress acting legislatively has the power to fill in gaps left by Congress acting as a Constituent Assembly regarding implementation. The later implementing law was therefore valid.

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    © All Rights Reserved
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    9 views1 page

    IMBONG v. COMELEC

    Uploaded by

    Ann Bayas
    Congress passed resolutions calling for a Constitutional Convention and setting qualifications for delegates. Congress then enacted laws to implement the resolutions. Petitioners challenged the validity of the later implementing law, enacted while Congress was acting as a legislative body. The Court held that while Congress as a Constituent Assembly has the power to call a convention, enacting details to implement it can be done by Congress in its legislative role, as those details involve ordinary legislative matters. Congress acting legislatively has the power to fill in gaps left by Congress acting as a Constituent Assembly regarding implementation. The later implementing law was therefore valid.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 1

    IMBONG v.

    COMELEC
    No. L-32432, 35 SCRA 28 (September 11, 1970)

    Facts.
    Congress, acting as a Constituent Assembly, pursuant to Art. XV of the constitution,
    passed resolution No. 2 which, among others, called for a Constitutional Convention to be
    composed of two delegates from each representative district who shall have the same
    qualifications as those of Congressmen, to be elected on the second Tuesday of November,
    1970 in accordance with the Revised Election Code.

    Congress then as a legislative assembly enacted RA 4914 implementing Resolution No.


    2. Subsequently, on June 17, 1969, Congress as a Constitutional Assembly passed Resolution
    No. 4 which amended Resolution No. 2 and provided more details on the qualifications and
    apportionment of the delegates but provided that other details are to be embodied in an
    implementing legislation. Congress acting as a legislative assembly thus enacted RA 6132,
    implementing Resolution Nos. 2 and 4, and expressly repealing RA 4914. Petitioners now assail
    the validity of RA 6132.

    Issue.
    Whether Congress, acting as a legislative assembly, enact RA 6132 to implement a
    resolution passed by the same body acting as a Constituent Assembly.

    Held.
    Yes. the enactment of RA 6132 by Congress acting as a legislative body is valid.

    The grant to Congress as a Constituent Assembly of such plenary authority to call a


    constitutional convention includes, by virtue of the doctrine of necessary implication, all other
    powers essential to the effective exercise of the principal power granted, such as the power to
    fix the qualifications, number, apportionment, and compensation of the delegates as well as
    appropriation of funds, and other implementing details indispensable to the convention. While
    the authority to call a constitutional convention is vested by the Constitution solely and
    exclusively in Congress acting as a Constituent Assembly, the power to enact the implementing
    details, which are now contained in Resolutions Nos 2 and 4 as well as in R.A. No. 6132, does
    not exclusively pertain to Congress acting as a Constituent Assembly. Such implementing
    details are matters within the competence of Congress in the exercise of its comprehensive
    legislative power, which power encompasses all matters not expressly or by necessary
    implication removed by the Constitution from the ambit of legislative action.

    Consequently, when Congress, acting as a Constituent Assembly, omits to provide for


    such implementing details after calling a constitutional convention, Congress, acting as a
    legislative body, can enact the necessary implementing legislation to fill in the gaps.

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