Case Digest: Gonzales vs. Comelec, 21 SCRA 774 (1968)

 Political Law Review | Amendment by Proposal By Constitutional Convention

  • Congress passed Joint Resolutions Nos. 1 and 3 on March 16, 1967:

    • RBH No. 1: Proposed increasing the maximum membership of the House of Representatives from 120 to 180.

    • RBH No. 3: Allowed Senators and Representatives to serve as delegates to a future Constitutional Convention without forfeiting their seats.

  • Congress enacted Republic Act No. 4913, which scheduled the ratification of these amendments during the general elections on November 14, 1967.

  • Gonzales filed a petition to prohibit the implementation of R.A. 4913, arguing it was unconstitutional.


Whether constitutional amendments be submitted for ratification during a general election. YES

  • On Holding the Plebiscite During General Elections

    • The Court ruled that the Constitution does not require a special election for ratifying amendments.

    • The phrase “at an election” in Article XV was interpreted broadly to include general elections, unless explicitly stated otherwise.

    • Thus, Congress may validly schedule a plebiscite during regular elections.

  • On Legislative Procedure and Voting Threshold

    • The proposed amendments were already approved by a three-fourths vote in the joint session.

    • R.A. 4913, which merely set the date and manner of submission, was a legislative act, not a constituent act, and therefore did not require a three-fourths vote.

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