Sanidad v. COMELEC
73 SCRA 333; October 12, 1976
Ponente: Martin, J
On September 27, 1976, Pablo Sanidad and Pablito Sanidad petitioned for prohibition with preliminary injunction to enjoin COMELEC from holding and conducting the Referendum Plebiscite on October 16; to declare without force and effect PD Nos. 991 and 1033, as well as PD. 1031. Petitioners contend that the president has no power to propose amendments to the new constitution, as such, the referendum-plebiscite has no legal basis.
1. Is the case at bar justiciable?
2. Does the president have the authority to propose amendments to the Constitution?
3. Is the submission to the people of the proposed amendments within the time frame allowed sufficient and proper submission?
The issue of whether the President can assume the power of a constituent assembly is a justiciable question since it is not the wisdom but the constitutional authority of the president to perform such act is in question. The president has the authority to propose amendments as the governmental powers are generally concentrated to the president in times of crisis. The time for deliberation of the referendum-plebiscite questions, 3 weeks, is not too short especially since the questions are issues of the day and the people have been living with them since the proclamation of martial law.