Gonzales vs COMELEC; G.R. No. L-28196; 09 Nov 1967; 21 SCRA 774

FACTS:
Congress enacted RA 4913, an act providing that the amendments to the Constitution proposed in Resolution of Both Houses Nos. 1 to 3 be submitted for the approval by the people in a plebiscite to be jointly held with the general elections.

ISSUE(S):
Whether or not the Court has jurisdiction to review a resolution of Congress for unconstitutionality.

HELD:
When proposing an amendment to the Constitution, senators and members of the House of Representatives are acting as component elements of a constituent assembly who derive their authority from the Constitution. The issue of whether or not an act of a constituent assembly violates the Constitution is essentially justiciable and subject to judicial review.

Tags: , ,

Category: Legal Chyme

Leave a Reply

Your email address will not be published. Required fields are marked *