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Sanidad etc. vs. Commission on Election etc. [DISSENTING OPINION, TEEHANKEE, J.]

ABLO C. SANIDAD AND PABLITO V. SANIDAD, PETITIONERS, VS. COMMISSION ON ELECTIONS, RESPONDENT. [G.R. NO. L-44684. OCTOBER 12, 1976] VICENTE M. GUZMAN, PETITIONER, VS. COMMISSION ON ELECTIONS, RESPONDENT. [G.R. NO. L-44714. OCTOBER 12, 1976] RAUL M. GONZALES, RAUL T. GONZALES, JR., AND ALFREDO SALAPANTAN, PETITIONERS, VS. HONORABLE COMMISSION ON ELECTIONS AND HONORABLE NATIONAL TREASURER, RESPONDENTS.

G.R. No. L-44640 | 1976-10-12

DISSENTING OPINION
 
 
TEEHANKEE, J.:
 
 
I.  
 
 
On the merits: 
 
 
I dissent from the majority's dismissal of the petitions for lack of merit and vote to grant the petitions for the following reasons and considerations:
 
 
1. It is undisputed that neither the 1935 Constitution nor the 1973 Constitution grants to the incumbent President the constituent power to propose and approve amendments to the Constitution to be submitted to the people for ratification in a plebiscite.
 
 
The 1935 Constitution expressly vests the constituent power in Congress, by a three-fourths vote...