Gonzales v.

Commission on Elections

G.R. No. L-28196, November 9, 1967

FACTS: On March 16, 1967, the Senate and the House of Representatives passed
resolutions No. 1, 2, and 3 – i. e. to increase the seats of the Lower House from 120
to 180; to convoke a Constitutional Convention of 1971; and to amend the
Constitution (Section 16, Article VI) so they can become delegates themselves to the
Convention. Subsequently, Congress passed a bill, which, upon approval by the
President, on June 17, 1967, became Republic Act No. 4913, providing that the
amendments to the Constitution proposed in the aforementioned Resolutions No. 1
and 3 be submitted, for approval by the people, at the general elections which shall
be held on November 14, 1967.

Two cases were filed against this act of Congress: one is an original action for
prohibition, with preliminary injunction by Ramon A. Gonzales, in L-28196, a Filipino
citizen, a taxpayer, and a voter. He claims to have instituted case L-28196 as a class
unit, for and in behalf of all citizens, taxpayers, and voters similarly situated. Another
one is by PHILCONSA, in L-28224, a corporation duly organized and existing under
the laws of the Philippines, and a civic, non-profit and non-partisan organization the
objective of which is to uphold the rule of law in the Philippines and to defend its
Constitution against erosion or onslaughts from whatever source.

ISSUE: May constitutional amendments be submitted for ratification in a general

election?

RULING: Yes. Section 1 of Article XV of the 1935 Constitution provides that

Constitutional amendments shall be valid when approved by a majority of the votes
cast at an election at which the amendments are submitted to the people for their
ratification. There is nothing in the provision to indicate that the “election” therein
referred to is a “special” election and not a general election.