Back

Occena vs. The Commission on Elections (Comelec) 104 SCRA 1

SAMUEL C. OCCENA, petitioner, vs. THE COMMISSION ON ELECTIONS, THE COMMISSION ON AUDIT, THE NATIONAL TREASURER, THE DIRECTOR OF PRINTING, respondents.

G.R. No. L-56350 | 1981-04-02

D E C I S I O N

FERNANDO, C.J.:

The challenge in these two prohibition proceedings against the validity of three Batasang Pambansa Resolutions 1 proposing constitutional amendments, goes further than merely assailing their alleged constitutional infirmity. Petitioners Samuel Occena and Ramon A. Gonzales, both members of the Philippine Bar and former delegates to the 1971 Constitutional Convention that framed the present Constitution, are suing as taxpayers. The rather unorthodox aspect of these petitions is the assertion that the 1973 Constitution is not the fundamental law, the Javellana 2 ruling to the contrary notwithstanding. To put it...