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MANUEL B. IMBONG vs.

JAIME FERRER, as Chairman of the


Comelec, LINO M. PATAJO and CESAR MILAFLOR, as members
thereof, respondents.
G.R. No. L-32432 September 11, 1970
IN THE MATTER OF A PETITION FOR DECLARATORY JUDGMENT
REGARDING THE VALIDITY OF R.A. No. 6132, OTHERWISE
KNOWN AS THE CONSTITUTIONAL CONVENTION ACT OF 1970.
RAUL M. GONZALES,vs.COMELEC
G.R. No. L-32443 September 11, 1970
Petitions for declaratory relief.
MateriaL Facts:
Congress, as a Constituent Assembly, passed Resolution No. 2, which
among others, called for a Constitutional Convention to propose
constitutional amendments to be composed of two delegates from
each representative district who shall have the same qualifications as
those of Congressmen, to be elected on November, 1970.
After the adoption of said Res. No. 2 in 1967 but before the November
elections of that year, Congress, acting as a legislative body, enacted
Republic Act No. 4914 implementing the aforesaid Resolution No. 2 and
practically restating in toto the provisions of said Resolution No. 2.
On June 17, 1969, Congress, also acting as a Constituent Assembly,
passed Resolution No. 4 amending the aforesaid Resolution No. 2 by
providing that the convention "shall be composed of 320 delegates
apportioned among the existing representative districts according to
the number of their respective inhabitants: Provided, that a
representative district shall be entitled to at least two delegates, who
shall have the same qualifications as those required of members of the
House of Representatives,
On August 24, 1970, Congress, acting as a legislative body, enacted
Republic Act No. 6132, implementing Resolutions Nos. 2 and 4, and
expressly
repealing
R.A.
No.
4914.
Issue:
Whether or not the law as well as the particular provisions embodied in
Sections 2, 4, 5, and par. 1 of 8(a) is constitutional.

Ruling:
WHEREFORE, the prayers in both petitions are hereby denied and R.A.
No. 6132 including Secs. 2, 4, 5, and 8(a), paragraph 1, thereof, cannot
be declared unconstitutional. Without costs.
Ratio:

Congress, when acting as a Constituent Assembly pursuant to Art. XV


of the Constitution, has full and plenary authority to propose
Constitutional amendments or to call a convention for the purpose, by
a three-fourths vote of each House in joint session assembled but
voting separately. Resolutions Nos. 2 and 4 calling for a constitutional
convention were passed by the required three-fourths vote.