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ATTY. OLIVER LOZANO v. SPEAKER PROSPERO NOGRALES (G.R. No.

187883)
16 JUN 2009 | PUNO, C.J.
Judicial Department: Judicial Review

FACTS:

 The two petitions, filed by their respective petitioners in their capacities as concerned citizens and
taxpayers, prayed for the nullification of House Resolution No. 1109 entitled “A Resolution Calling upon the
Members of Congress to Convene for the Purpose of Considering Proposals to Amend or Revise the
Constitution, upon Three-fourths Vote of All the Members of Congress.”
 Both petitions seek to trigger a justiciable controversy that would warrant a definitive interpretation by the
Court of Section 1, Article XVII, which provides for the procedure for amending or revising the Constitution.
 The petitioners alleged that HR 1109 is unconstitutional for deviation from the prescribed procedures to
amend the Constitution by excluding the Senate of the Philippines from the complete process of proposing
amendments to the Constitution and for lack of thorough debates and consultations.”

ISSUE: Whether or not the Congress committed a violation in promulgating the HR1109, NO

RULING:
 The House that the Congress ought to convene into a Constituent Assembly and adopt some Rules for
proposing changes to the charter.
 The House has said it would forward H.Res.1109 to the Senate for its approval and adoption and the possible
promulgation of a Joint and Concurrent Resolution convening the Congress into a Constituent Assembly.
 Petitioners have not sufficiently proven any adverse injury or hardship from the act complained of House
Resolution No. 1109 only resolved that the House of Representatives shall convene at a future time for the
purpose of proposing amendments or revisions to the Constitution.
 No actual convention has yet transpired and no rules of procedure have yet been adopted.
 No proposal has yet been made, and hence, no usurpation of power or gross abuse of discretion has yet
taken place.
 House Resolution No. 1109 involves a quintessential example of an uncertain contingent future event that
may not occur as anticipated, or indeed may not occur at all.
 The House has not yet performed a positive act that would warrant an intervention from this Court. Judicial
review is exercised only to remedy a particular and concrete injury.

DISPOSITION: Petitions DISMISSED