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Bautista, Coleen Joyce Q.

1A-JD4
Introduction to Law:
Saturday, 11:00AM-12:00NN
JOSUE JAVELLANA vs EXECUTIVE SECRETARY
50 SCRA 30
MARCH 31, 1973
FACTS: In 1973, Marcos ordered the immediate implementation of the new 1973 Constitution.
Javellana, a Filipino and a registered voter sought to enjoin the Exec Sec and other cabinet secretaries
from implementing the said constitution. Javellana averred that the said constitution is void because the
same was initiated by the president. He argued that the President is w/o power to proclaim the
ratification by the Filipino people of the proposed constitution. Further, the election held to ratify such
constitution is not a free election there being intimidation and fraud.
ISSUE: Whether or not the SC must give due course to the petition.
HELD: The SC ruled that they cannot rule upon the case at bar. Majority of the SC justices expressed
the view that they were concluded by the ascertainment made by the president of the Philippines, in the
exercise of his political prerogatives. Further, there being no competent evidence to show such fraud
and intimidation during the election, it is to be assumed that the people had acquiesced in or accepted
the 1973 Constitution. The question of the validity of the 1973 Constitution is a political question
which was left to the people in their sovereign capacity to answer. Their ratification of the same had
shown such acquiescence.