Gonzales vs.

COMELEC
Topic: Amendment or Revision of the Constitution (procedure- ratification)

Facts:

In June 1967, Republic Act 4913 was passed. This law provided for the COMELEC to hold a
plebiscite for the proposed amendments to the Constitution. It was provided in the said law that
the plebiscite shall be held on the same day that the general national elections shall be held
(November 14, 1967). This was questioned by Ramon Gonzales and other concerned groups as
they argued that this was unlawful as there would be no proper submission of the proposals to
the people who would be more interested in the issues involved in the general election rather
than in the issues involving the plebiscite.

Gonzales also questioned the validity of the procedure adopted by Congress when they came up
with their proposals to amend the Constitution (RA 4913). In this regard, the COMELEC and
other respondents interposed the defense that said act of Congress cannot be reviewed by the
courts because it is a political question.

Issue:

Whether or not a plebiscite may be held simultaneously with a general election.

Held:

Yes. There is no prohibition to the effect that a plebiscite must only be held on a special election.
SC held that there is nothing in this provision of the [1935] Constitution to indicate that the
election therein referred to is a special, not a general election. The circumstance that the previous
amendment 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. Although Justice J. B. L. Reyes and Justice Sanchez dissented. "Plebiscite
should be held on a special date so as to facilitate "fair submission, intelligent consent or
rejection". they should be able to compare the original proposition with the amendment
proposition.