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    Digest Imbong V Comelec

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    Manila Loststudent
    Congress passed resolutions calling for a Constitutional Convention to propose amendments. It then enacted laws to implement the resolutions. Petitioners challenged the constitutionality of one such law, RA 6132. The Court held that while calling a convention is solely the authority of Congress as a Constituent Assembly, enacting implementing details is within the authority of Congress in its legislative role. As the legislative body, Congress may pass laws providing specifics like the number of delegates and their qualifications and compensation for a Constitutional Convention called by Congress as a Constituent Assembly.

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    Digest Imbong V Comelec

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    Manila Loststudent
    2K views2 pages
    Congress passed resolutions calling for a Constitutional Convention to propose amendments. It then enacted laws to implement the resolutions. Petitioners challenged the constitutionality of one such law, RA 6132. The Court held that while calling a convention is solely the authority of Congress as a Constituent Assembly, enacting implementing details is within the authority of Congress in its legislative role. As the legislative body, Congress may pass laws providing specifics like the number of delegates and their qualifications and compensation for a Constitutional Convention called by Congress as a Constituent Assembly.

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    Consti Law Digest

    Original Title

    Digest Imbong v Comelec

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    Congress passed resolutions calling for a Constitutional Convention to propose amendments. It then enacted laws to implement the resolutions. Petitioners challenged the constitutionality of one such law, RA 6132. The Court held that while calling a convention is solely the authority of Congress as a Constituent Assembly, enacting implementing details is within the authority of Congress in its legislative role. As the legislative body, Congress may pass laws providing specifics like the number of delegates and their qualifications and compensation for a Constitutional Convention called by Congress as a Constituent Assembly.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views2 pages

    Digest Imbong V Comelec

    Uploaded by

    Manila Loststudent
    Congress passed resolutions calling for a Constitutional Convention to propose amendments. It then enacted laws to implement the resolutions. Petitioners challenged the constitutionality of one such law, RA 6132. The Court held that while calling a convention is solely the authority of Congress as a Constituent Assembly, enacting implementing details is within the authority of Congress in its legislative role. As the legislative body, Congress may pass laws providing specifics like the number of delegates and their qualifications and compensation for a Constitutional Convention called by Congress as a Constituent Assembly.

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    THE CONSTITUTION OF THE PHILIPPINES

    IMBONG VS. COMELEC 35 SCRA 28 (1970)

    FACTS:
    Petitioners Manuel Imbong and Raul Gonzales, both interested in running as candidates
    in the 1971 Constitutional Convention, filed separate petitions for declaratory relief, impugning
    the constitutionality of RA 6132, claiming that it prejudices their rights as candidates.

    Congress, acting as a Constituent Assembly, passed Resolution No.2 which called for
    the Constitutional Convention to propose Constitutional amendments. After its adoption,
    Congress, acting as a legislative body, enacted R.A. 4914 implementing said resolution,
    restating entirely the provisions of said resolution.

    Thereafter, Congress, acting as a Constituent Assembly, passed Resolution No. 4 amending


    the Resolution No. 2 by providing that “xxx any other details relating to the specific
    apportionment of delegates, election of delegates to, and the holding of the Constitutional
    Convention shall be embodied in an implementing legislation xxx”

    Congress, acting as a legislative body, enacted R.A. 6132, implementing Resolution Nos. 2
    and 4, and expressly repealing R.A. 4914.

    ISSUE:
    May Congress in acting as a legislative body enact R.A.6132 to implement the resolution
    passed by it in its capacity as a Constituent Assembly?

    HELD:
    YES. The Court declared that while the authority to call a Constitutional Convention is
    vested by the Constitution solely and exclusively in Congress acting as a constitutional
    assembly, the power to enact the implementing details or specifics of the general law does not
    exclusively pertain to Congress, the Congress in exercising its comprehensive legislative power
    (not as a Constitutional Assembly) may pass the necessary implementing law providing for the
    details of the Constitutional Conventions, such as the number, qualification, and compensation
    of its member.

    The reasons cited by the Court in upholding the constitutionality of the enactment of R.A.
    6132 are as follows:

    1. Congress, acting as a Constituent Assembly pursuant to Article XV of the Constitution, has


    authority to propose constitutional amendments or call a convention for the purpose by ¾
    votes of each house in joint session assembled but voting separately

    2. Such grant includes all other powers essential to the effective exercise of the principal
    power by necessary implication

    3. Implementing details are within the authority of the Congress not only as a Constituent
    Assembly but also in the exercise of its comprehensive legislative power which
    encompasses all matters not expressly or by necessary implication withdrawn or removed
    by the Constitution from the ambit of legislative action so long as it does not
    contravene any provision of the Constitution; and

    4. Congress as a legislative body may thus enact necessary implementing legislation to fill in
    the gaps which Congress as a Constituent Assembly has omitted.

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