Occena vs COMELEC; G.R. No. 56350; 02 Apr 1981; 104 SCRA 11

in Legal Chyme by

Petitioners challenged the validity of three Batasang Pambansa Resolutions (1) proposing an amendment allowing a natural-born citizen of the Philippines naturalized in a foreign country to own a limited area of land for residential purposes; (2) dealing with the Presidency, the Prime Ministry and the Cabinet, and the National Assembly; and (3) amending the Article on the Commission on Election.

Whether or not the 1973 Constitution is a fundamental law.

YES. In Javellana vs The Executive Secretary, the Court held that there is no further judicial obstacle to the new Constitution being considered in force and effect.

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