AMENDMENTS OR REVISIONS

ARTICLE XVII

Amendment vs. Revision

Lambino vs. COMELEC

Changing the form of government from presidential to parliamentary involves a revision and not amendment.

2 Stages of Amendment
1. Proposal
2. Ratification

1. PROPOSAL
(Secs. 1-3, Art. XVII)-the adoption of the suggested change in the Constitution. A proposed amendment may come from(3 ways of proposing amendments to, or revision of, the Constitution under Article XVII):

(a) Congress
i. (Sec. 1, Art. XVII) Acting as Constitutional Assembly and not as a legislative body. -One of the non-legislative powers; ii. By a vote of 3/4 of all its members. (3/4 of the Senate, 3/4 of the House of Representatives

(b) Constitutional Convention

which may be called into existence either: i. By directly calling a Constitutional Convention by a 2/3 vote of all theMembers of Congress, or; ii. By submitting the issue to the people in a plebiscite [if the two-thirds(2/3) vote is not obtained] by a majority vote of all the members of Congresswith the question of whether or not to call a Convention to be resolved by the people in a plebiscite. (Sec.3, Art. XVII) superior- people; Theory of Conventional Sovereignty inferior- it is a mere creation of Congress; co-equal to and independent of the 3 branches

Occena vs. COMELEC 104 SCRA 1

The choice of method of proposal, i.e., whether made directly by Congress or through a Constitutional Convention, is within the full discretion of the legislature.

(c)

People, through the Power Initiative (Sec.2, Art. XVII)

of

A petition of at least 12% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein--This is not a self-executing provision, it will require an enactment of law.

RA 6735 Initiative and Referendum Law

INITIATIVE The power of the people to propose amendments to the Constitution or to propose and enact legislations through an election 3 kinds of initiative: 1. initiative on the Constitution refers to a petition proposing amendments to them Constitution 2. initiative on statutes refers to a petition proposing to enact a national legislation 3. initiative on local legislation refers to a petition proposing to enact a regional, provincial, municipal, city, or barangay law, resolution or ordinance [Sec.2(a),RA6735]called for the purpose.

Section 2 (b), RA 6735

provides for: INDIRECT INITIATIVE exercise of initiative by the people through a proposition sent to Congress or the local legislative body for action; and DIRECT INITIATIVE the people themselves filed the petition with the COMELEC and not with Congress

The COMELEC cannot validly promulgate rules and regulations to implement the exercise of the right of the people to directly propose amendments to the Constitution through the system of initiative. It does not have the power under RA 6735. Reliance on the COMELECs power under Section 2 (1), Article IX-C is misplaced, for the laws and regulations referred to therein are those promulgated by the COMELEC under Section 3 of Article IX-C or a law where subordinate legislation is authorized and which satisfies the completeness and the sufficient standard tests. (Santiago vs. COMELEC, 270 SCRA 106)

2. Ratification
(Sec. 4, Art. XVII) The proposed amendment shall become part of the Constitution when ratified by a majority of the votes cast in a plebiscite held not earlier than 60 nor later than 90 days after the approval of the proposal by Congress or the Constitutional Convention, or after the certification by the COMELEC of the sufficiency of the petition for initiative under Sec. 2, Art. XVII.

REFERENDUM
The power of the electorate to approve or reject legislation through an election called for that purpose. Two (2) Classes:

1. Referendum on Statutes refers to a petition to approve or reject a law, or part thereof, passed by Congress
2. Referendum on Local Law refers to a petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies

Doctrine of Proper Submission

(proper frame of reference)

Because the Constitution itself prescribes the time frame within which the plebiscite is to be held, there can no longer be a question on whether the time given to the people to determine the merits and demerits of the proposed amendments is adequate.
The plebiscite may be held on the same day as regular elections.

Judicial Review of Amendments

The question is now regarded as subject to judicial review because invariably, the issue will boil down to whether or not the constitutional provisions had been followed. (Sanidad vs. Comelec, 78 SCRA 333; Javellana vs. Exec. Secretary, 50 SCRA 50)

Prohibited Measures
The following cannot be the subject of an initiative or referendum 1. No petition embracing more than one subject shall be submitted to the electorate; and 2. Statutes involving emergency measures, the enactment of which is specifically vested in Congress by the Constitution, cannot be subject of referendum until ninety (90) days after the effectivity. (Sec. 10, RA 6735)

Local Initiative
Not less than 2,000 registered voters in case of autonomous regions, 1,000 in case of provinces and cities, 100 in case of municipalities, and 50 in case of barangays, may file a petition with the Regional Assembly or local legislative body, respectively, proposing the adoption, enactment, repeal, or amendment, of any law, ordinance or resolution. (Sec. 13, RA 6735)

Limitations on Local Initiative

a. The power of local initiative shall not be exercised more than once a year;
b. Initiative shall extend only to subjects or matters which are within the legal powers of the local legislative bodies to enact; and c. If at any time before the initiative is held, the local legislative body shall adopt in toto the proposition presented, the initiative shall be cancelled. However, those against such action may, if they so desire, apply for initiative.

Limitation on Local Legislative Body vis--vis Local Initiative

Sec. 125, RA 7160any proposition or ordinance approved through an initiative and referendum shall not be repealed, modified or amended by the Sangggunian within 6 months from the date of approval thereof, and may be amended, modified or repealed within 3 years thereafter by a vote of of all its members. In case of barangays, the period shall be 18 months after approval.

Revision
In the case of Lambino vs. COMELEC, G.R. No. 174153, October 25, 2006, the SC held that a peoples initiative to change the Constitution applies only to an amendment of the Constitution and not to its revision. Certainly, the Lambino Groups initiative is a revision and not merely an amendment. Quantitatively, the Lambino Groups proposed changes overhaul two articlesArticle VI on the Legislature and Article VII on the Executiveaffecting a total of 105 provisions in the entire Constitution. Qualitatively, the proposed changes alter substantially the basic plan of government, from presidential to parliamentary, and from a bicameral to a unicameral legislature.