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Showing posts with the label Constitutional Law 2 Digest

GONZALES vs COMELEC [G.R. No. L-28196, November 9, 1967]

FACTS: On March 16, 1967, the Senate and the House of Representatives passed resolutions No. 1, 2 and 3 – i.e. to increase the seats of the Lower House from 120 to 180; to convoke a Constitutional Convention of 1971; and to amend the Constitution (Section 16, Article VI) so they can become delegates themselves to the Convention.  Subsequently, Congress passed a bill, which, upon approval by the President, on June 17, 1967, became Republic Act No. 4913, providing that the amendments to the Constitution proposed in the aforementioned Resolutions No. 1 and 3 be submitted, for approval by the people, at the general elections which shall be held on November 14, 1967. Two cases were filed against this act of Congress:  One an is original action for prohibition, with preliminary injunction by Ramon A. Gonzales, in L-28196, a Filipino citizen, a taxpayer, and a voter. He claims to have instituted case L-28196 as a class unit, for and in behalf of al...

Enrile v Senate Electoral Tribunal

Facts: On January 20, 1995, Sen. Aquilino Pimentel filed with the Senate Electoral Tribunal (SET) an election protest against Sen. Juan Ponce Enrile and other senatorial candidates who won in the May 1995 senatorial elections. On June 30, 1995, the petitioner, Sen. Enrile, filed his answer in counter-protest. Issues having joined, the SET required the parties to submit the list of pilot precincts number not more than 25% of the total precints involved. On Aug. 21, 1997, SET held a press conference at the Supreme Court Session Hall announcing the partial and tentative results of the revision of ballots in the pilot precincts without resolving the protest. In the tabulation presented, the petitioner’s name dropped to the 15 th position in the senatorial race. On September 24, 1997, petitioner filed a Motion to Set Aside Partial Results in Sen. Pimentel’s Protest and to Conduct Another Appreciation of Ballots in the Presence of All Parties. Respondent and Sen. Coseteng filed sep...