Dela Llana v. Commission on Elections
REITERATIONFacts
The Antecedents: Petitioner Gualberto J. Dela Llana filed a "Petition for Prohibition or Declaratory Relief" challenging Presidential Decree No. 1229, which called for a referendum on December 17, 1977. The referendum question was: "Do you vote that President Ferdinand E. Marcos continue in office as incumbent President and be Prime Minister after the organization of the Interim Batasang Pambansa as provided for in Amendment No. 3 of the 1976 Amendments to the Constitution?" Procedural History: The case was filed before the Supreme Court. The Petition: The petition sought to prevent the holding of the referendum, alleging constitutional infirmities.
Issue(s)
Whether Presidential Decree No. 1229, calling for the December 17, 1977 referendum, suffers from constitutional infirmity. Whether the question posed in the referendum constitutes an amendment to the Constitution. Whether the matter of holding the referendum is a justiciable or political question. Whether the call for the referendum is authorized by the Constitution.
Ruling
The Supreme Court resolved NOT to give due course to the petition and to DISMISS the same. The Court found no constitutional infirmity in Presidential Decree No. 1229. The Court held that the referendum question was not an amendment to the Constitution, that the wisdom of calling the referendum was a political and non-justiciable question, and that the call was authorized by Amendment No. 7 of the Constitution.
Ratio Decidendi
On whether Presidential Decree No. 1229 suffers from constitutional infirmity: The Court held that the decree does not suffer from any constitutional infirmity. The question to be submitted in the referendum was not in the nature or form of an amendment. If the people voted "yes," Amendment No. 3 would merely be reaffirmed and reinforced. If they voted "no," the incumbent President would resign, which is an exercise of his prerogative. In either case, the Constitution would remain unaltered. Therefore, Presidential Decree No. 1229 was deemed valid. On whether the question posed in the referendum constitutes an amendment to the Constitution: The Court explicitly stated that the question was in neither the nature nor the form of an amendment. The holding of the referendum would not result in an indirect amendment to Amendment No. 3. The outcome of the referendum would either reaffirm Amendment No. 3 or lead to the President's resignation, neither of which alters the Constitution itself. Thus, the referendum question did not constitute a constitutional amendment. On whether the matter of holding the referendum is a justiciable or political question: The Court ruled that the matter of whether the referendum was unnecessary, given previous expressions of assent by the people, is a political and non-justiciable question. This involves the wisdom of the decision to call for a referendum, a determination that resides in the political branch of the Government, considering various political, social, and economic factors beyond the competence of the courts. The Court declined to substitute its judgment for that of the political branch on such matters. On whether the call for the referendum is authorized by the Constitution: The Court found that the call for the referendum is explicitly authorized by Amendment No. 7 of the Constitution. This amendment provides that referenda may be called at any time the government deems it necessary to ascertain the will of the people regarding any important matter, whether of national or local interest. The President's decision to consult the people and submit himself to a vote of confidence was deemed a valid exercise of this power, aligning with the constitutional principle that public office is a public trust and officers are accountable to the people.
Main Doctrine
The Supreme Court dismissed the petition for prohibition or declaratory relief, holding that the question to be submitted in the December 17, 1977 referendum was not an amendment to the Constitution and that the wisdom of calling the referendum was a political, non-justiciable question. The call for the referendum was authorized by Amendment No. 7 of the Constitution.