GONZALES VS. COMELEC
Does the Congress (through ordinary legislative process) have
21 SCRA 774; G.R. No. L-28196; 9 Nov 1967
Facts:
On March 16, 1967, the Senate and the House of Representatives passed
the following resolutions:
1. R. B. H. (Resolution of Both Houses) No. 1, proposing that Section 5,
Article VI, of the Constitution of the Philippines, be amended so as to
increase the membership of the House of Representatives from a
maximum of 120, as provided in the present Constitution, to a maximum
of 180, to be apportioned among the several provinces as nearly as may
be according to the number of their respective inhabitants, although each
province shall have, at least, one (1) member;
2. R. B. H. No. 2, calling a convention to propose amendments to said
Constitution, the convention to be composed of two (2) elective
delegates from each representative district, to be "elected in the general
elections to be held on the second Tuesday of November, 1971;" and
3. R. B. H. No. 3, proposing that Section 16, Article VI, of the same
Constitution, be amended so as to authorize Senators and members of the
House of Representatives to become delegates to the aforementioned
constitutional convention, without forfeiting their respective seats in
Congress.
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.
Issue:
1.
the power to amend or propose amendment to the Constitution?
2. May the proposed amendments be submitted at a plebiscite
scheduled on the same day as the regular elections?
Held:
1. No. The power to amend the Constitution or to propose
amendments is not included in the general grant of legislative powers to
Congress. It is part of the inherent powers of the people - as the
repository of sovereignty in a republican state, to make, and, hence, to
amend their own Fundamental Law.
Congress may propose amendments to the Constitution merely
because the same explicitly grants such power. Hence, when exercising
the same, it is said that Senators and Members of the House of
Representatives act, not as members of Congress, but as component
elements of a constituent assembly. When acting as such, the members of
Congress derive their authority from the Constitution, unlike the people,
when performing the same function, for their authority does not emanate
from the Constitution - they are the very source of all powers of
government, including the Constitution itself.
Since, when proposing, as a constituent assembly, amendments
to the Constitution, the members of Congress derive their authority from
the Fundamental Law, it follows that they do not have the final say on
whether or not their acts are within or beyond constitutional limits. The
Constitution expressly confers upon the Supreme Court, the power to
declare a treaty unconstitutional, despite the eminently political character
of treaty-making power.
The issue whether or not a Resolution of Congress - acting as a
constituent assembly - violates the Constitution essentially justiciable,
not political, and, hence, subject to judicial review.
 2. Yes. The term “election” in article XV of the 1935 Constitution
does not indicate that the “election” therein referred to is a “special”, not
a general election. The circumstance that three previous amendments to
the Constitution had been submitted to the people for ratification in
special elections merely shows that congress deemed it best to do so
under the circumstances then obtaining. It does not negate its authority to
submit proposed amendments for ratification in general elections.