Many prominent members of the opposition, notably Benigno Aquino Jr. and Jose W. Diokno, were arrested and placed in military jails.

Charito Planas, a staunch critic and later vice-mayor of Quezon City, filed a case, known as the Plebiscite Cases (Planas v. COMELEC (1973)) before the Supreme Court calling for a stop to the proposed ratification upon the grounds, among others, that the Presidential Decree "has no force and effect as law because the calling... of such plebiscite, the setting of guidelines for the conduct of the same, the prescription of the ballots to be used and the question to be answered by the voters, and the appropriation of public funds for the purpose, are, by the Constitution, lodged exclusively in Congress..." and "there is no proper submission to the people there being no freedom of speech, press and assembly, and there being no sufficient time to inform the people of the contents thereof.

Similar petitions followed suit by Vidal Tan, J. Antonio Araneta, Alejandro Roces, Manuel Crudo, Antonio U. Miranda, Emilio de Peralta and Lorenzo M. Tañada on January 23, 1973; on February 3, 1973, by Eddie Monteclaro, (as President of the National Press Club of the Philippines); and on February 12, 1973, by Napoleon V. Dilag, Alfredo Salapantan Jr., Leonardo Asodisen Jr. and Raul M. Gonzalez.

The lawyers representing the petitioners included Ramon A. Gonzales, Lorenzo Tañada, Jovito Salonga, Sedfrey Ordoñez, Francisco "Soc" Rodrigo, Pablo Sanidad, Joker Arroyo, Rogelio B. Padilla, and Raul M. Gonzalez.

The Supreme Court at that time consisted of Chief Justice Roberto Concepcion, and Associate Justices Querube Makalintal, Calixto Zaldivar, Fred Ruiz Castro, Enrique Fernando, Claudio Teehankee, Antonio Barredo, Felix Makasiar, Felix Antonio and Salvador Esguerra.

The issues raised were: The court was severely divided on the issues raised in the petition, but when the crucial question of whether the petitioners are entitled to relief, six members of the court (Justices Makalintal, Castro, Barredo, Makasiar, Antonio and Esguerra) voted to dismiss the petition, thus upholding the 1973 Constitution and Marcos's rule.

that of those who said that the Constitution was not validly ratified, Querube Makalintal and Fred Ruiz Castro voted to dismiss the petitions.

Makalintal and Castro, in a joint opinion, justified their non-granting of relief on the basis of a case in relation to Luther v. Borden (48 U.S. (7 How.)

Makalintal was subsequently appointed Speaker of the Interim Batasang Pambansa, and Castro evidently showing his support of the Marcos regime through his court decisions and public statements.

[citation needed] In fact, some of the critics withdrew their petitions, mostly for writ of habeas corpus, due to the lack of confidence that the Supreme Court would grant their relief.

[5] Of the four justices who voted to grant relief, Concepcion and Calixto Zaldivar left the court due to retirement.

It also shows that the Supreme Court are composed of human beings susceptible of error, in the words of Justice Isagani Cruz, "...is not an ivory tower occupied by demigods but not an infallible institution composed of persons slightly higher than their fellowmen, perhaps, but also showing their foibles and failings.