Gonzales vs.

Comelec
G.R. No. L-28196 November 9, 1967
Conception, C.J.

FACTS:
On March 16, 1967, three resolutions were made by the House of Representatives.
I. Increase the maximum membership for the House of Representatives from 120 to 180.
II. A convention was called to propose the amendments to the said Constitution. To be
composed of 2 Delegates per province that is to be elected on general elections.
III. To authorize Senators and Members of the House of Representatives to become delegates
to the said convention without leaving or forfeiting their seat in the Congress.
On June 17, 1967, The Congress passed the bill and after it was approved by the President,
became Republic act No. 4913 as long as it is to be submitted for approval by the people at the
elections.
On October 21, 1967, the petition was filed by Gonzales against COMELEC. The Congress
cannot propose amendments to the Constitution while calling for a Constitutional Convention.

ISSUE:
1. Whether the Congress can simultaneously propose amendments to the Constitution
while calling for a Constitutional Convention.

2. Whether Republic act No. 4913 is unconstitutional.

RULING/DECISION:
1. The Congress can simultaneously propose amendments to the Constitution while calling
for a Constitutional Convention.

2. The Republic Act No. 4913 is Constitutional.

RATIO DECIDENDI:

1. By reading the copies of the amendments, the people can be knowledgeable of how the
representatives are apportioned with regards to the First Resolution. As for the third Resolution,
as long as the voters knows that the resolution permits the Congressmen to retain their seats as
legislators whilst being delegates to the Convention then it is within the Article XV of the
Constitution.
2. The measures used to inform the people about the RA 4913 regarding the amendments was
sufficient and Constitutional. The number of votes with regards to the Unconstitutionality of the
RA 4913 did not reach the number of votes to validate said votes.