Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No. L-52265 January 28, 1980 SAMUEL C.

OCCE A, petitioner, vs. COMM!SS!ON ON ELECT!ONS, COMM!SS!ON ON AU"!T, NAT!ONAL TREASURER, an# "!RECTOR O$ PR!NT!NG, respondents. Occea Law Office for petitioner. Office of the Solicitor General for respondents.

ANTON!O, J.: Petition for prohibition seeking to restrain respondents from implementing Batas Pambansa Big. ! "providing for the elective and#or appointive positions in various local governments$, % "governing the election of local government officials scheduled on &anuar' (), !*+)$, ( "defining the rights and privileges of accredited parties$, and , "providing for a plebiscite, simultaneousl' -ith the election of local officials on &anuar' (), !*+), regarding the proposed amendment of Article ., /ection 0, of the !*0( Constitution$. 1he constitutional issues raised are2 "!$ -hether or not the 3nterim Batasang Pambansa has the po-er to authori4e the holding of local elections5 "%$ assuming it has such po-er, -hether it can authori4e said elections -ithout enacting a local government code5 "($ as g it ma' validl' perform the foregoing, -hether it can schedule such elections less than ninet', "*)$ da's from the passage of the enabling la-5 and5 ",$, assuming further that the proposed amendment to Article ., /ection 0 of the Constitution is valid, -hether the plebiscite con be legall' held together -ith the local elections. 1he thrust of Petitioner6s arguments is that these issues should be resolved in the negative. After deliberating on the memoranda and arguments adduced b' both parties at the hearing as &anuar' ! , !*+), the Court finds no merit in the petition. !. 1he leguslative po-er granted b' /ection !, Artcle 7333 of the Constitution to the National Assembl' has been e8plicitl' vested during the period of transition on the 3nterim Batasang Pambansa b' Amendment No. % to the constitution. 1he onl' station is that it shall not e8ercise its treat' ratification po-ers provided in Article 7333, /ection !,"!$ of the Constitution. 1he legislative po-er has described generall' as being a po-er to make, alter and la-s.1 3t is the peculiar province of the legislature to probe general rules for the government of societ'. 1he e of the legislative function is the determination of the legislative polic' and its formulation and promulgation as a defined and binding rule of conduct. 2 3t is a recogni4ed principle in constitutional la- that the legislative bod' possesses Plenar' po-er for all purposes of civil government 1he !egislative po-er of the 3nterim Batasang Pambansa is, therefore, Complete, sub9ect onl' to the limitation that the interim Batasang Pambansa shall not e8ercise the po-er of the National Assembl' in the ratification of treaties. % 1he po-er to regulate the manner of conducting elections, to Prescribe the form of the official ballot, and to provide for the Manner in -hich candidates shall be chosen is inherentl' and historicall' legislative. Petitioner has. not cited an' provision of the Constitution, as amended b' the Amendments of !*0:, -hich e8pressl' or b' implication den' to the 3nterim Batasang Pambansa the authorit' to call for local elections. 3t is a -ell established rule that -here no e8ception is made in terms, none -ill be made b' mere implication or construction. 1he -ordings of a constitutional provision do not have a narro- or contracted meaning, but are used in a broad sense, -ith a vie- of covering all contingencies. Petitioner6s invocation of the Report of the Committee on 1ransitor' Provisions of ;ctober !(, !*0% does not. support his contention that the 3nterim Batasang Pambansa has no po-er to call local elections. 1he purported report refers to the interimNational Assembl' in Article .733, the convening of -hich -as re9ected b' the <ilipino people. As =e stated inPeralta v. Commission on Elections2 & 3t should be recalled that under the terms of the 1ransitor' Provisions of the Constitution, the membership of the interim National Assembl' -ould consist of the 3ncumbent President and 7ice>President, the /enators and the Representatives of the old Congress and the ?elegates to the Constitutional Convention -ho have opted to serve therein. 1he <ilipino people re9ected the convening of the interim National Assembl', and for a perfectl' 9ustifiable reason. B' /eptember of !*0:, the consensus had emerged for a referendum partaking of the character of a plebiscite -hich -ould be held to establish the solid foundation for the ne8t step to-ards normali4ing the political process. B' the -ill of the people, as e8pressed over-helmingl' in the

plebiscite of ;ctober ! and !:, !*0:, Amendments Nos. ! to * -ere approved, abolishing the interim National Assembl' and creating in its stead an interim Batasang Pambansa. 1his -as intended as a preparator' and e8perimental step to-ard the establishment of full parliamentar' government as provided for in the Constitution. "at p. :!$. 3n the search for the meaning of the language of the Constitution, reference ma' be made to the historical basis of the provisions. 1he historical events and circumstances -hich led to the ratification of Amendments Nos. 3 to * of the constitution sho- the manifest intent and desire of the people to establish, during the period of transition, a government that can effectivel' provide for the nation6s peaceful and orderl' transition from a crisis to a full parliament s'stem of government. %. Neither can =e find in /ection !, Article .3 of the Constitution an' re@uirement that the enactment of a local government code is a condition sine qua non for the calling of the local elections b' the 3nterim Batasang Pambansa. 3ndeed, the holding of local elections does not, in an' manner, preclude the enactment of a local government code b' the Batasang Pambansa at some later period. 1here cannot be an' doubt that our local governments are basic and fundamental units in our democratic institutions, 1o strengthen these institutions, the election of local officials should be periodicall' held. 5 Accordingl', this Court is not inclined to adopt such a technical or strained construction as -ill undul' impair the efficienc' of the 3nterim Batasang Pambansa in meeting the challenges and discharging its responsibilities in response to the problems arising in a moderni4ing and d'namic societ'. 1he legislative decision to call for local elections in order to enable the <ilipino people to e8ercise their sovereign right to choose their local officials cannot, therefore, be faulted as a violation of the Constitution. (. /ection : of Article .33 of the Constitution does not fi8 an unalterable period of ninet' "*)$ da's for an election campaign. 1his provision must be construed in relation to /ection of Article .33 thereof -hich grants to the Commission on Elections the po-er to supervise or regulate the operation of transportation public utilities, media of communication, etc. during the "election period". /ection : fi8es the "election period" b' stating that unless fi8ed b' the Commission in special cases, the election period shall commence ninet' "*)$ da's before the da' of election and shall end thirt' "()$ da's thereafter. 3n Peralta v. Commission on Elections supra, =e resolved, in effect, this issue b' holding that the fort'>five da' period of campaign prescribed in /ection , of the !*0+ Election Code -as not violative of /ection : of Article .33 of the Constitution. ,. Considering that the proposed amendment to /ection 0 of Article . of the Constitution e8tending the retirement of members of the /upreme Court and 9udges of inferior courts from si8t'>five ": $ to sevent' "0)$ 'ears is but a restoration of the age of retirement provided in the !*( Constitution and has been intensivel' and e8tensivel' discussed at the 3nterim Batasang Pambansa, as -ell as through the mass media, it cannot, therefore, be said that our people are una-are of the advantages and disadvantages of the proposed amendment. ACC;R?3NABC, the petition is ?3/M3//E?. 1his decision is immediatel' e8ecutor'. /; ;R?ERE?. !a"asiar #quino Concepcion $r. #bad Santos %e Castro and !elencio&'errera $$. concur. (eehan"ee $. reserves his vote. )arredo *ernande+ and Guerrero $$. a,ree with the opinion of the Court penned b- $ustice *eli. /. #ntonio and Chief $ustice *ernando certifies.