Case Digest: Imbong v. Ferrer, G.R. No. L-32432, September 11, 1970

Political Law Review | The 1973 Constitution 

  • Congress, acting as a Constituent Assembly, passed Resolution No. 2 (1967) and Resolution No. 4 (1969) calling for a Constitutional Convention. Congress later enacted R.A. No. 6132 on August 24, 1970 to implement these resolutions.

  • Petitioners challenged the constitutionality of R.A. No. 6132, arguing it was not passed by a three-fourths vote of both Houses voting separately, as required for constitutional amendments under Article XV of the 1935 Constitution.


Whether R.A. No. 6132 is invalid for not being passed by a three-fourths vote of Congress voting separately. NO

  • The law is constitutional. 

  • Once Congress had exercised its constituent power by passing Resolutions Nos. 2 and 4 with the required three-fourths vote, it could then use its legislative power to enact laws like R.A. No. 6132 to implement those resolutions.

  • The doctrine of “necessary implication” allows Congress acting in its legislative capacity to enact statutes filling in gaps left by the Constituent Assembly, as long as they do not conflict with the Constitution or the resolutions.

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