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3) Ratification


Proposal of amendments:

1) Amendment: an alteration of one or a few

Amendments may be proposed by:

specific provisions of the Constitution. Its main
purpose is to improve specific provisions of the
Constitution. The changes brought about by
amendments will not affect the other provisions

A. Congress, acting as a constituent assembly,
by a 3/4 vote of all its members.

of the Constitution.

amendments is NOT part of its ordinary
legislative power.

2) Revision: An examination of the entire
Constitution to determine how and to what
extent it should be altered. A revision implies
substantive change, affecting the Constitution as
a whole.
Constituent power v. Legislative power

Constituent power is the power to

formulate a Constitution or to propose
amendments to or revisions of the Constitution
and to ratify such proposal. Legislative power is
the power to pass, repeal or amend or ordinary
laws or statutes (as opposed to organic law).

The power of Congress to propose

The only reason Congress can exercise
such power is that the Constitution has
granted it such power.

B. Constitutional Convention:
1) How a Constitutional Convention may be
a). Congress may call a ConCon by a 2/3 vote of
all its members; or
b). By a majority vote of all its members,
Congress may submit to the electorate the
question of whether to call a ConCon or not.


Constituent power is exercised by

Congress (by special constitutional conferment),
by a Constitutional Convention or Commission,
by the people through initiative and referendum,
and ultimately by sovereign electorate, whereas
legislative power is an ordinary power of

2) Choice of which constituent assembly (either
Congress or ConCon) should initiate
amendments and revisions is left to the
discretion of Congress. In other words, it is a
political question.

Congress and of the people, also through

3) BUT: The manner of calling a ConCon is

initiative and referendum.

subject to judicial review, because the


The exercise of constituent power does not

Constitution has provided for vote requirements.

need the approval of the Chief Executive,

4) If Congress, acting as a constituent assembly,

whereas the exercise of legislative power

calls for a ConCon but does not provide the

ordinarily needs the approval of the Chief

details for the calling of such ConCon, Congress –

Executive, except when done by people through

exercising its ordinary legislative power – may

initiative and referendum.

supply such details. But in so doing, Congress

Three (3) steps necessary to give effect to
amendments and revisions:
1) Proposal of amendments or revisions by the
proper constituent assembly;
2) Submission of the proposed amendments or
revisions; and

(as legislature) should not transgress the
resolution of Congress acting as a constituent
5) Congress, as a constituent assembly and the
ConCon have no power to appropriate money for
their expenses. Money may be spent from the

4) Issues regarding ratification: a) The Constitution does not require that amendments and revisions be submitted to the their existence to the Constitution. Note: 1) While the substance of the proposals made by each type of constituent assembly is not subject to judicial review. That Congress could have done better does not make the steps taken unconstitutional. general election. the manner the proposals are made is subject to judicial review. Presidential proclamation is NOT required for effectivity of amendments/revisions. they may be may determine whether the assembly has acted submitted for ratification simultaneously with a in accordance with the Constitution. Thus. via initiative: C. 3) Examples of justiciable issues: b) a) Whether a proposal was approved by the required number of votes in Congress (acting as a constituent assembly). 2) Every legislative district represented by at least 3% of the registered voters therein. . b) Plebiscite is held not earlier than 60 days nor later than 90 days after the certification by COMELEC of the petition’s sufficiency 3) Requisites of a valid ratification: a) Held in a plebiscite conducted under the election law. By a constitutional convention Ratification Amendments and revisions proposed by Congress and/or by a ConCon: a) Valid when ratified by a MAJORITY of votes cast in a plebiscite. c) submitted for ratification in one single plebiscite. b) Supervised by the COMELEC. Proposal of Revisions 1) By Congress. the courts people in a special election.treasury only to pursuant to an appropriation 2) made by law. 3) Limitation: It cannot be exercised oftener than once every 5 years. upon a vote of 3/4 of its members 2) which proposed amendments/revisions are submitted to the people falls within the legislative sphere. People’s Initiative a) 1) Petition to propose such amendments must be signed be at least 12% of ALL registered voters. b) All the proposed amendments/revisions made by the constituent assemblies must be d) 1) The determination of the conditions under Plebiscite is held not earlier than 60 days nor later than 90 days from the approval of such amendments or revisions. b) Whether the approved proposals were properly submitted to the people for ratification. UNLESS the proposed amendments/revisions so provide. and c) Where only franchised voters (registered) voters take part. There cannot be a piece-meal ratification of amendments/revisions. 2) Since these constituent assemblies owe Amendments proposed by the people Valid when ratified by a MAJORITY of votes cast in a plebiscite.