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Dela Llana vs. Comelec Case Digest

Civil Procedure Case Digests Declaratory Relief

Facts: Dela Llana filed a petition for prohibition or declaratory relief against respondents from holding a referendum with the question: "Do you vote that President Ferdinand E. Marcos continue in office as incumbent President and be Prime Minister after the organization of the Interim Batasang Pambansa as provided for in Amendment No. 3 of the 1976 Amendments to the Constitution?"

Issue: Is the petition for declaratory relief prosper?

Held: No. The subject matter is a political and non-justiciable question, involving as it does the wisdom, no more and no less, of the decision to call for a referendum. The power to determine when a referendum should be called and what matter is important for referral to the people, resides in the political branch of the Government, the exercise of which involves consideration of a multitude of factors political, social, economic, etc. - normally outside the periphery of competence of the courts. (Dela Llana vs. Comelec, G.R. No. L-47245, December 9, 1977)

 

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