I.
THE 1987 CONSTITUTION
A. Nature and Concept of a Constitution
B. Amendments and Revisions
A Constitution is a system of fundamental law with which the powers of sovereignty
are habitually exercised.
Nature – Written, conventional, rigid
Broad such that it is comprehensive enough to provide for every contingency; brief
that it is confined to the basic principles to be implemented; and definite to avoid
ambiguity and divisiveness among the people.
A revision alters a basic principle laid down under the Constitution while an
amendment broadly adds, reduces, or deletes without altering the basic principle
involved.
There is revision if the change alters the substantial entirety of the Constitution – e.g.
changes the nature of the basic governmental plan of the Philippines.
Two tests WON Revision or Amendment: Quantitative test and Qualitative test.
Quantitative test – because of the numerous provisions affected, it becomes so
extensive that the change has altered the substance entirety of the Constitution.
Qualitative test – the inquiry is whether the change will accomplish far-reaching
changes in the nature of basic governmental plan.
Modes of Proposal to Amend or Revise:
(1) ¾’s vote of all the member of Congress – This is where Congress act as a
Constituent Assembly
(whether voting jointly or separately is an issue not yet resolved but there is a
consensus that it should be 3/4s of Senate and 3/4s of House.); and
(2) through a Constitutional Convention – This may be called in existence by 2/3s
vote of Congress or if such vote is not obtained by majority vote of Congress with the
question of calling a CONCON to be resolved by the people
** Steps involved either as CON-AS or CONCON – Proposal & Ratification
Ratification – By a majority of the votes cast in a plebiscite which shall be held not
earlier than sixty days nor later than ninety days after the approval of such
amendment or revision.
Another Mode of Amendment – Through the Power of Initiative by the People – This
is accomplished through a Petition of 12% of the registered voters, of which every
legislative district is represented by 3% of the registered voters.
**If the proposal to amend is done through the power of Initiative – Ratification is
done by a majority of the votes cast in a plebiscite which shall be held not earlier
than sixty days nor later than ninety days after the certification by the Commission on
Elections of the sufficiency of the petition.
3 Systems of Initiative – Initiative on Constitution, Statute, or Local Legislation
Indirect Initiative – This is an exercise of Initiative by the people through a
proposition sent to Congress "Referendum" is the power of the electorate to approve
or reject a legislation
"Initiative" is the power of the people to propose amendments to the Constitution or
to propose and enact legislations through an election called for the purpose.
"Referendum" is the power of the electorate to approve or reject a legislation.
Initiative is the process of law-making by the people themselves without the
participation and may be against the wishes of their representatives while referendum
is the power of the people to approve or reject s legislation already drawn up by the
legislative body.
**Plebiscite is the electoral process by which an Initiative on the Constitution is
approved or rejected by the people – Dito nangyayari yung Ratification
**Doctrine of Fair and Proper Submission – The period of time for the submission and
the people are afforded the opportunity to think about and debate on the merits and
demerits of the proposed amendments or revisions.
CASE: Santiago v. COMELEC - SECTION 2. Statement and Policy. -- The power of
the people under a system of initiative and referendum to directly propose, enact,
approve or reject, in whole or in part, the Constitution, laws, ordinances, or resolutions
passed by any legislative body upon compliance with the requirements of this Act is
hereby affirmed, recognized and guaranteed. (Underscoring supplied).
The inclusion of the word “Constitution” therein was a delayed afterthought. That word
is neither germane nor relevant to said section, which exclusively relates to initiative and
referendum on national laws and local laws, ordinances, and resolutions. That section is
silent as to amendments on the Constitution. As pointed out earlier, initiative on the
Constitution is confined only to proposals to AMEND. The people are not accorded the
power to “directly propose, enact, approve, or reject, in whole or in part, the
Constitution” through the system of initiative. They can only do so with respect to “laws,
ordinances, or resolutions.”
