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

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

SEPARATE OPINION


ZALDIVAR, J., concurring and dissenting: 

In these five cases, the main issue to be resolved by this Court is whether or not the Constitution proposed by the Constitutional Convention of 1971 had been ratified in accordance with the provisions of Article XV of the 1935 Constitution. In the plebiscite cases, which were decided by this Court on January 22, 1973 1 , I held the view that this issue could be properly resolved by this Court, and that it was in the public interest that this Court should declare then whether or not the proposed Constitution had been validly ratified. The majority of this Court, however, was of...