Constitutional Law: Review- Consolidated

Decisions.

The Constitution of the Philippines:
1. De Leon vs. Esguerra
The act of ratification is the act of
voting [in the plebiscite] by the people.
So that is the date of ratification.
Is the 1987 Constitution took effect on
February 2, 1987 The actual date of
ratification.
On February 11, 1987, President Aquino
proclaimed the ratification.
The canvassing thereafter is merely the
mathematical confirmation of what was
done during the date of the plebiscite.
2. Gonzales vs. COMELEC.
Constitutional amendments may be
submitted to the people for ratification
simultaneously with the general
elections.
1935 Constitution provides; approved
by a majority of the votes cast at an
election at which the amendments are
submitted to the people for their
ratification.
Election It does not distinguish as to
whether or not it is a special or general
election.
3. Imbong vs COMELEC
The plenary authority of Congress to
call a constitutional convention
includes, by necessary implication, all
other powers essential to the effective
exercise of such principal power.
Implementing details may be provided
by Congress as a constituent assembly
or as a legislative body.
While the authority to call
constitutional convention is vested by
the Constitution solely and exclusively
in Congress acting as Constituent
Assembly.
The power to enact the implementing
details does not exclusively pertain to
congress as Constituent Assembly. Such
Implementing details, does not
exclusively pertain to Congress acting as
Constituent Assembly.
Comprehensive Legislative Power
encompasses all matters not expressly
or by necessary implication removed by
the Constitution from the ambit of
Legislative action. Implementing details.
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.
4. Occena vs. Comelec
A constituent body can propose
anything but conclude nothing.
1973 Constitution is the fundamental
law of the land.
Batasang Pambansa authority to
propose amendments to the
constitution?
o Yes. Same power with the Int.
National Assembly.
o Power to propose amendments
by special call of prime minister
by a vote of Majority of all its
members.
The assembly can propose and even
over haul the constitution for they
cannot conclude anything. The same
will be submitted by the people for
ratification.
Majority Vote Is needed to propose
amendments