Constitutional Law 9

i) Attempt of the Constitutional Convention to submit for ratification

one resolution (reducing the voting age from 21 to 18) in a plebiscite to coincide

with the 1971 local elections was declared unconstitutional by the Supreme Court

in Tolentino v. Comelec, 41 SCRA 702. The Court held that when a Constitutional

Convention is called for the purpose of revising the Constitution, it may not submit

for ratification “piecemeal amendments”because the 1935 Constitution speaks of

submission of the proposed amendments in “an election” (in the singular), and also

because to allow the submission would deprive the people of a “proper frame of

reference”.

h) Presidential Proclamation No. 1081, on September 21, 1972:

Declaration of martial law by President Ferdinand E. Marcos.

i) Constitutional Convention approved the draft Constitution on

November 29, 1972 .

j) On November 30,1972, President Marcos issued a decree setting the

plebiscite for the ratification of the new Constitution on January 15, 1973; on

December 17, 1972, issued an order suspending the effects of Presidential

Proclamation 1081 in order to allow free and open debate on the proposed

Constitution.

. i) Planas v. Comelec, 49 SCRA 105, and companion cases (collectively

known as the Plebiscite Cases) sought to prohibit the holding of the plebiscite. The

cases were eventually dismissed for being moot and academic when President

Marcos issued Presidential Proclamation 1102, declaring that the Constitution had

been ratified and has come into force and effect.

k) On December 23, 1972, President Marcos announced the

postponement of the plebiscite, but it was only on January 7, 1973, that General

Order No. 20 was issued, directing that the plebiscite scheduled on January

15,1973, be postponed until further notice, and withdrawing the order of December

17, 1972, suspending the effects of Pres. Proclamation 1081 which allowed free

and open debate on the proposed Constitution.

l) On December 31, 1972, Marcos issued Presidential Decree No. 86,

organizing the Citizens Assemblies to be consulted on certain public issues; and

on January 5, 1973, issued Presidential Decree No. 86-A, calling the Citizens

Assemblies to meet on January 10-15, 1973, to vote on certain questions, among

them: “Do you approve of the new Constitution?” and “Do you still want a plebiscite

to be called to ratify the new Constitution?”

OUTLINE / REVIEW