Case Digest: Javellana v. Executive Secretary, G.R. No. L-36142, March 31, 1973

Political Law Review | The 1973 Constitution 

  • On January 20, 1973, Josue Javellana, qualified voter and citizen, filed a petition seeking to halt the implementation of the proposed 1973 Constitution. 

  • He alleged the President and Cabinet acted without jurisdiction, including creation of citizens' assemblies, proclamation of ratification via Proclamation No. 1102, and use of unlawful ratification methods (e.g. viva voce voting by minors, lack of COMELEC supervision).

  • Petitioners accused that ratification did not meet Article XV, Section 1 of the 1935 Constitution, which required an election or plebiscite under proper legal supervision and only qualified voter.


Whether the 1973 Constitution validly ratified under the 1935 Constitution. YES

  • By a majority of six votes, the Supreme Court dismissed all petitions.

  • The Court concluded that there was no further judicial obstacle to the 1973 Constitution being considered in force and effect.


Issue

Outcome by Majority

Minority View

Justiciability

Valid subject of judicial review (6)

Political question not suitable for court (3);

Qualified vote (1)

Validity of Ratification

Not valid due to procedural violations (6)

Substantial compliance valid (3);

Qualified vote (1)

People’s Acceptance

In force by silent acquiescence (4)

No free expression (2);  Not prepared to rule (1); No judicial certainty (3)

Relief

Denied—petitions dismissed (6)

Relief should be granted (4)

Constitution in force

Yes—despite dissenting opinions (4)

No—cannot say with certainty (4) justices; Not in force (2)

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