Case Digest: Mabanag v. Lopez Vito, 78 Phil. 1

Political Law Review | The 1935 Constitution 

  • Congress passed a resolution proposing the Parity Amendment, granting U.S. citizens and corporations equal rights with Filipinos in exploiting natural resources and operating public utilities.

  • The amendment was to be appended as an ordinance to the 1935 Constitution.

  • Congress also passed Republic Act No. 73, calling for a plebiscite to ratify the amendment.

  • Petitioners argued that the resolution lacked the required three-fourths vote in both Houses of Congress, as some elected members were excluded from the vote due to suspension or non-recognition.


Whether the proposed amendment validly passed under Article XV of the 1935 Constitution. YES

  • The proposal and ratification of constitutional amendments are political questions not subject to judicial review. These are functions committed to Congress and ultimately to the people via plebiscite.

  • The Court upheld the validity of the resolution based on the authenticated enrolled copy and legislative journals, which are conclusive upon the judiciary. The Court did not interfere with the legislative determination of who constituted the membership of Congress at the time of voting.

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