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Javellana vs. The Executive Secretary, et al. [ SEPARATE OPINION MAKASIAR, J. ]

JOSUE JAVELLANA, petitioner vs. THE EXECUTIVE SECRETARY, THE SECRETARY OF NATIONAL DEFENSE, THE SECRETARY OF JUSTICE and THE SECRETARY OF FINANCE, respondents. / VIDAL TAN, J. ANTONIO ARANETA, ALEJANDRO ROCES, MANUEL CRUDO, ANTONIO U. MIRANDA, EMILIO DE [ SEPARATE OPINION MAKASIAR, J. ]

G.R. No. L-36142 / No. L-36164 / No. L-36165 / No. L-36236 / No. L-36283 | 1973-03-31

SEPARATE OPINION

MAKASIAR, J.: 

Assuming, without conceding, that Article XV of the 1935 Constitution prescribes a procedure for the ratification of constitutional amendments or of a new Constitution and that such procedure was no complied with, the validity of Presidential Proclamation No. 1102 is a political, not a justiciable, issue; for it is inseparably or inextricably linked with and strikes at, because it is decisive of, the validity of the ratification and adoption of, as well as acquiescence of the people in, the 1973 Constitution and the legitimacy of the government organized and operating thereunder. And being political, it...