CMM DIGEST

Imbong v ComelecSeptember 11, 1970RA 6132: delegates in ConCon(Contitutional Law 1)

Petitioner: Imbong

Respondents: Ferrer (Comelec Chair), Patajo, Miraflor (Comelec Members)

Petitioner: Gonzales

Respondent : Comelec

Ponente: Makasiar

RELATED LAWS:Resolution No 2 (1967)Calls for Constitutional Convention to be composed of 2delegates from each

representative district who shall be elected in November, 1970.

RA 4919implementation of Resolution No 2

Resolution 4 (1969)amended Resolution 2: ConCon shall be composed of  320delegates approportioned among

existing representative districts according to thepopulation. Provided that each district shall be entitled to 2 deledates.

RA 6132Concon Act 1970, repealed RA 4919, implemented Res No. 2 & 4.Sec 4: considers all

public officers/employees as resigned when they file theircandicacySec 2: apportionment of delegatesSec 5: Disqualifies any elected delegate from running for any public office in theelection or from assuming any appointive office/position until the final adournment of the ConCon.Par 1 Sec 8: ban against all political parties/organized groups from givingsupport/representing a delegate to the convention.

FACTS: This is a petition for declaratory judgment. These are 2 separate but relatedpetitions of running candidates for delegates to the Constitutional Conventionassailing the validity of RA 6132.Gonzales: Sec, 2, 4, 5 and Par 1 Sec 8, and validity of entire lawImbong: Par 1 Sec 8

ISSUE: Whether the Congress has a right to call for ConCon and whether theparameters set by such a call is constitutional.

HOLDING: The Congress has the authority to call for a Constitutional Convention asa Constituent Assembly. Furthermore, specific provisions assailed by the petitionersare deemed as constitutional.

RATIO: Sec 4 RA 6132: it is simply an application of Sec 2 Art 12 of Constitution Constitutionality of enactment of RA 6132

o Congress acting as Constituent Assembly, has full authority to propose amendments, or call for convention for the purpose by votes and these votes were attained by Res 2 and 4

  Sec 2 RA 6132: it is a mere implementation of Res 4 and is enough that the basis

employed for such apportions is reasonable. Macias case relied by Gonzales is not reasonable for that case granted more representatives to provinces with less population and vice versa. In this case, Batanes is equal to the number of delegates I other provinces with more population. 

Sec 5: State has right to create office and parameters to qualify/disqualify members thereof. Furthermore, this disqualification is only temporary. This is a safety mechanism to prevent political figures from controlling elections and to allow them to devote more time to the Concon.

  Par 1 Sec 8: this is to avoid debasement of electoral process and also to assure

candidates equal opportunity since candidates must now depend ontheir individual merits, and not the support of political parties. This provision does not create discrimination towards any particular party/group, it applies to all organizations