Case Digest: Sanidad v. COMELEC, G.R. No. L-44640, October 12, 1976

Political Law Review | The 1973 Constitution

  • On September 2, 1976, President Ferdinand E. Marcos issued Presidential Decree No. 991, calling for a national referendum (October 16, 1976) via barangay assemblies.

  • The referendum sought public approval for proposed amendments to the 1973 Constitution, including replacing the interim National Assembly with an interim Batasang Pambansa and extending presidential powers.

  • On September 22, he issued P.D. 1031 (adopting voting procedures) and P.D. 1033 (specifying referendum questions).

  • Petitioners Pablo C. Sanidad and Pablito V. Sanidad sought to stop COMELEC from holding the referendum, arguing that under both the 1935 and 1973 Constitutions, the President lacked the power to propose amendments during the transitional period, which was reserved for the interim National Assembly.


Whether President Marcos has constitutional authority, under the 1973 Constitution, to propose amendments and initiate a nationwide referendum in the absence of the convening of the interim National Assembly. YES

  • The President’s authority to propose amendments is valid.

  • The interim National Assembly, constitutionally granted the power to propose amendments, was never convened. Thus, in its absence, the President, who was legitimately exercising legislative functions under Martial Law, could validly act in its stead to propose amendments as necessary for the people.

  • This extension of executive authority was grounded in necessity, given the transitional context.

  • The referendum and its barangay assembly framework were upheld as a valid exercise of constituent power. The Court ruled that allowing the people to directly decide on proposed amendments through a referendum is constitutionally permissible in the extraordinary context.


Popular posts from this blog

Equality and Human Rights: The United Nations and Human Rights System (September 16, 2023)

Sovereign Equality of States/Principle of sovereign equality UN Charter of 1945 All states are equal before international law no matter the size of their territory, population, economy or military. All states have equal rights and duties under international law, and that no state has the right to interfere in the internal affairs of another state. Positive Consequences: All states have a voice in international affairs .   All states have the opportunity to participate in international organizations and to negotiate and conclude treaties. This helps to ensure that the interests of all states are represented in the development of international law and policy. No state has the right to interfere in the internal affairs of another state.  This helps to protect the sovereignty of all states and to prevent the use of force or coercion to achieve political objectives. States have the right to develop their own political, economic, and social systems without interference from othe...
Read more

Election Laws: Requirements Before Election

REQUIREMENTS BEFORE ELECTION A. Registration Registration of Voters The right of a citizen to vote is necessarily conditioned upon certain procedural requirements he must undergo, among others, the process of registration. Registration regulates the exercise of the right of suffrage .  It is not a qualification for such right.  R.A. No. 8189, the Voter's Registration Act of 1996 (approved June 11, 1996) : Sec. 2. Declaration of Policy. It is the policy of the State to systematize the present method of registration in order to establish a clean, complete, permanent and updated list of voters. Sec. 3. Definition of Terms. – As used in this Act: Registration refers to the act of accomplishing and filing of a sworn application for registration by a qualified voter before the election officer of the city or municipality wherein he resides and including the same in the book of registered voters upon approval by the Election Registration Board; Registration Record refers to an ...
Read more

Special Rules and Proceedings: Rule 75

Special Rules and Proceedings RULE 75 Production of Will; Allowance of Will Necessary Section 1. Allowance necessary. Conclusive as to execution. — No will shall pass either real or personal estate  unless it is proved and allowed in the proper court.  Subject to the right of appeal,  such allowance of the will shall be conclusive as to its due execution. Probate  A special proceeding to establish the validity of a will. Kinds of wills A will has been defined as a species of conveyance whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree thze disposition of his estate after his death.   Under the Civil Code, there are two kinds of wills which a testator may execute.  The first is the notarial will , which must be acknowledged before a notary public by a testator and the attesting witness and is governed by Articles 804 to 809 of the Civil Code. The second is the holographic will , which Article 810 ...
Read more