almario vs alba_digest

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ALMARIO vs ALBA_digest Political Law – Amendment to the Constitution January 27, 1984, provided in Batasang Pambansa Blg. 643, the Filipino electorate will go to the poles to either approve or reject amendments to the Constitution proposed by Resolution Nos. 104, 105, 110, 111, 112, and 113 of the Batasang Pambansa, embodied in four (4) separate questions to be answered by simple YES or NO answers. Petitioners seek to enjoin the submission of Question Nos. 3 (“grant” as an additional mode of acquiring lands belonging to the public domain) and 4 (the undertaking by the government of a land reform program and a social reform program), which cover Resolution Nos. 105 and 113, for ratification or rejection on the ground that there has been no fair and proper submission following the doctrine laid down in Tolentino v. COMELEC. The petitioners do not seek to prohibit the holding of the plebiscite but only ask for more time for the people to study the meaning and implications of Resolution Nos. 105 and 113 until the nature and effect of the proposals are fairly and properly submitted to the electorate. ISSUE: Whether or not Questions 3 and 4 can be presented to the people on a later date. HELD: People who go to the polls cannot arrive at an intelligent judgment on their acceptability or non-acceptability. The necessity, expediency, and wisdom of the proposed amendments are beyond the power of the courts to adjudicate. Precisely, whether or not “grant” of public land and “urban land reform” are unwise or improvident or whether or not the proposed amendments are unnecessary is a matter which only the people can decide. The questions are presented for their determination. Assuming that a member or some members of this Court may find undesirable any additional mode of disposing of public land or an urban land

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ALMARIO vs ALBA_digestPolitical Law Amendment to the ConstitutionJanuary27, 1984, providedinBatasangPambansaBlg. 643, te!ilipinoele"torate #ill go to te poles to eiter approve or re$e"t amendments to te%onstitution proposed by &esolution 'os. 1(4, 1(), 11(, 111, 112, and 113o* te Batasang Pambansa, embodied in *our +4, separate -uestions to beans#eredbysimple./0or '1ans#ers. Petitioners see2toen$ointesubmission o* 3uestion 'os. 3 +4grant5 as an additional mode o* a"-uiringlands belonging to te publi" domain, and 4 +te underta2ing by tegovernment o* a land re*orm program and a so"ial re*orm program,, #i""over &esolution 'os. 1() and 113, *or rati6"ation or re$e"tion on te groundtat tere as been no *air and proper submission *ollo#ing te do"trine laiddo#n in 7olentino v. %18/9/%. 7e petitioners do not see2 to proibit teolding o* te plebis"ite but only as2 *or more time *or te people to studyte meaning and impli"ations o* &esolution 'os. 1() and 113 until te natureand e:e"t o* te proposals are *airly and properly submitted to teele"torate.ISSUE: ;eter or not 3uestions 3 and 4 "an be presented to te people ona later date.HELD: People #o go to te polls "annot arrive at an intelligent $udgment onteir a""eptability or nonssuming tat amember or some members o* tis %ourt may 6nd undesirable any additionalmodeo* disposingo* publi"landor anurbanlandre*ormprogram, teremedyistovote4'15inte plebis"itebutnot tosubstituteisorteiraversion to te proposed amendments by denying to te millions o* votersan opportunity to e=press teir o#n li2es or disli2es. 7e issue be*ore us asnoting to do #it te #isdomo* te proposed amendments, teirdesirability, or te danger o* te po#er being abused. 7e issue is #eteror not te voters are a#are o* te #isdom, te desirability, or te dangers o*abuse. 7e petitioners ave *ailed to ma2e out a "ase tat te average voterdoesnot 2no#temeaningo* 4grant5o* publi"landor o* 4urbanlandre*orm.5 7e petition is ?@08@00/? *or la"2 o* merit.