Hidalgo Vs Marcos
Hidalgo Vs Marcos
556
EN BANC
G.R. No. L-47329, December 09, 1977
ERNESTO C. HIDALGO, PETITIONER, VS. HONORABLE FERDINAND MARCOS Y
EDRALIN AND COMMISSION ON ELECTIONS, RESPONDENTS.
DECISION
CASTRO, C.J.:
Considering the allegations, issues presented, and
arguments adduced (a) in the petition for mandamus and/or
prohibition, (b) in the Solicitor General's Comment on the
petition, (c) in the petitioner's reply to the Comment, and (d)
at the hearing on December 1, 1977, the Court, without
passing upon the question of the suability of the President,
considering that the Commission on Elections, which is the
government entity called upon to implement Presidential
Decree No. 1229, is impleaded, Resolved NOT to give due
course to the petition and to DISMISS the same, for the
reasons hereunder set forth.
(1) The President cannot be compelled by mandamus or
otherwise to convene the "interim National Assembly"
because, inter alia, this body was abrogated and supplanted
by the interim Batasang Pambansa by virtue of the 1976
amendments to the Constitution, particularly Amendment
No. 1 which partly provides that "There shall be, in lieu of
the interim National Assembly, an Interim Batasang
Pambansa."
(2) The 1976 amendments to the Constitution ratified by the
people in the October 16-17, 1976 referendum-plebiscite and
now form part of the Constitution, hence, the December 17,
1977 referendum, contrary to the petitioner's posture, may
not be said to be designed to effectuate their ratification.
The holding of the coming referendum is an exercise