Case Digest: Planas v. COMELEC, G.R. No. L-35925, January 22, 1973

 Political Law Review | The 1973 Constitution 

  • The 1971 Constitutional Convention approved a draft Constitution on November 29, 1972.

  • President Marcos issued Presidential Decree No. 73, calling for a plebiscite on January 15, 1973.

  • Petitioners argued that only Congress, not the President, had the authority to call a plebiscite and appropriate funds under the 1935 Constitution.


Whether the President’s authority to call the plebiscite under P.D. 73 is constitutionally valid.  

  • Before the Court could rule on the merits, President Marcos issued Proclamation No. 1102 on January 17, 1973, declaring that the Constitution had been ratified by the Citizens’ Assemblies.

  • The Court dismissed all petitions as moot and academic, since the plebiscite was no longer going to be held and the President had already proclaimed the Constitution in force.

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