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Manuel imbong and raul Gonzales say that RA 6132 is unconstitutional

Both members of the bar, taxpayers and are interested in running as


candidates for delegates to the constitutional convention
The RA 6132 prejudices their rights as such candidates
Gonzales assails the validity of sections 2,3,4 and par 1 of 8
Imbong impugns the constitutionality of par 1 sec 8

Gonzales says that section 2 with regard to the delegation is not in


accordance with proportional representation and violates the constitution
however he did not pinpoint any provision in the constitution which it
collides. Congress adopted a formula from the bureau of census and
statistics from may 6 june 30, 1976 to effect a reasonable apportionment
of delegates.
The impossibility of absolute proportional representation is recognized by
the constitution itself by article 6 sec 5 as nearly as may be according to
their respective inhabitants, but each province shall have at least one
member

Article 5: people elected to delegate in the constitutional convention are not


allowed to run for public office till after the convention. This is to immunize
the delegates from perverting influence of self-interest. If it is remanded,
several provisions of the new constitution may only satisfy individuals or
special parties. Final adjournment of the constitution may not exceed 1 year.

Article 8: Prohibits candidates for delegation to the convention from


representing or allowing himself to be represented by any political party,
organization, civic, religious or organized group. They cannot intervene in
the nomination of the candidate, filing of his certificate or give aid directly or
indirectly. Petitioners say that this violates the constitutional guarantees of
due process, equal protection of the laws, freedom of expressions, freedom
of assembly and freedom of association.
This does not fully violate the constitutional guarantees because in the very
section the candidate is permitted to campaign with the members of his
family within the fourth civil degree of consanguinity and a campaign staff
composed of not more than one of every 10 precincts in his district. This is
to avoid the arousal of public interest and bias in the constitutional reforms
and amendments.

Leader senator Arturo tolentino said that it is to assure the cadidates equal
protection of the laws by according them equality of chances. The
candidates must depend on their individual merits and not on the support of
political parties or organizations. It is strengthened by the guarantee of
social justice under sec 5 article 2 of the constitution, guarantee of equal
opportunity, equality of political rights and equality before the law.
Senator Pelaez, the function of the constitution is not to represent anyone in
interest or set of interests, not to favor one group at the expense or
disadvantage of the candidates but to encompass all the interests that
exist within our society and to blend them into one harmonious and
balanced whole. For the constitutional system means, not the predominance
of interests, but the harmonious balancing thereof.
Barredo: consents to all except to section 8.

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