AMENDATORY PROVISIONS- POPULAR IN

POLITICAL AND

PEOPLE’S INITIATIVE INTERNATIONAL

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Category: Constitutional Law (/law-library/political-and-public-international-law/constitutional-law.html)
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ARRANGED BY TOPIC
(1987 – 2006) (/notes-
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answers-to-bar-
examination-in-
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2006.html)
CONSTITUTIONAL LAW
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Amendatory Provisions constitutional-law-i-
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1987 Philippines
Constitution Audio
Requirements of proposal to amend the constitution
Codals (/audio-
thru people’s initiative. codals/95-political-
and-international-
law/1561-1987-
The initiative petition does not comply with Section 2, Article XVII of the Constitution on philippines-
direct proposal by the people. constitution-audio-
codals.html)
Local Govenrment
Code Book 2- Local
This section states:
Taxation and Fiscal
Matters (Sections 128-
383) (/law-library/text-
Sec. 2. Amendments to this Constitution may likewise be directly of-laws-and-
proposed by the people through initiative upon a petition of at least statutes/64-political-
twelve per centum of the total number of registered voters of which laws/226-local-
every legislative district must be represented by at least three per govenrment-code-
book-2-local-taxation-
centum of the registered voters therein. xxxx.
and-fiscal-matters-
Form required of the proposals. sections-128-383.html)
Local Government
Code Book 4-
These essential elements are present only if the full text of the proposed amendments is Miscellaneous and
first shown to the people who express their assent by signing such complete proposal in a Final Provisions
(Sections 511- 536)
petition. Thus, an amendment is “directly proposed by the people through initiative upon a
(/law-library/text-of-
petition” only if the people sign on a petition that contains the full text of the proposed laws-and-statutes/64-
amendments. political-laws/228-
local-government-
code-book-4-
miscellaneous-and-
final-provisions-
sections-511-536.html)

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 The full text of the proposed amendments may be either written on the face of the petition, Local Govenrment
or attached to it. If so attached, the petition must state the fact of such attachment. This is Code Book 1- General
Provisions (Sections 1-
an assurance that every one of the several millions of signatories to the petition had seen
127) (/law-library/text-
the full text of the proposed amendments before signing. Otherwise, it is physically of-laws-and-
impossible, given the time constraint, to prove that every one of the millions of signatories statutes/64-political-
had seen the full text of the proposed amendments before signing. (Raul Lambino, et al. vs. laws/224-local-
COMELEC, G.R. No. 174153 and other cases, October 25, 2006). govenrment-code-
book-1-general-
provisions-sections-1-
127.html)
The people must first see the full text of the proposed
Local Govenrment
amendments; reason. Code Book 3- Local
Government Units
(Sections 384- 510)
The unbending requirement is that the people must first see the full text of the proposed (/law-library/text-of-
amendments before they sign to signify their assent, and that the people must sign on an laws-and-statutes/64-
political-laws/227-
initiative petition that contains the full text of the proposed amendments. (State ex. Rel.
local-govenrment-
Patton vs. Myers, 127 Ohio St., 95, 186 N.R. 872 (1933). code-book-3-local-
government-units-
sections-384-510.html)
The rationale for this requirement is that, as signature requirement would be meaningless if Republic Act No. 8553,
the person supplying the signature has not first seen what it is that he or she is signing. AMENDING SECTION
Further, and more importantly, loose interpretation of the subscription requirement can pose 41(B) OF REPUBLIC
ACT NO. 7160 (/law-
a significant potential for fraud. A person permitted to describe orally the contents of an
library/text-of-laws-
initiative petition to a potential signer, without the signer having actually examined the and-statutes/64-
petition, could easily mislead the signer by, for example, omitting, downplaying, or even political-laws/229-
flatly misrepresenting, portions of the petition that might not be to the signer’s liking. This republic-act-no-8553-
danger seems particularly acute when, in this case, the person giving the description is the amending-section-
41b-of-republic-act-
drafter of the petition, who obviously has a vested interest in seeing that it gets the requisite
no-7160.html)
signatures to qualify for the ballot. (Capezzito vs. State Ballot Commission, 407 Mass. 949,
955 [1990]).
(/)

LIBRARYof the coverage

Extent LAW FIRM of a people’s THE initiative
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change the Constitution.

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A people’s initiative to change the Constitution applies only to an amendment of the
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Constitution and not revision. In contrast, Congress or a constitutional convention can
propose both amendments and revision to the Constitution. (Art. XVIII, Sec. 2, Constitution.

Article XVII of the Constitution speaks of three modes of amending the Constitution. The
first mode is through Congress upon three-fourths vote of all its members. The second
mode is through a constitutional convention. The third mode is through a people’s initiative.

Section 1 of Article XVII, referring to the first and second modes, applies to “Any
amendment to, or revision of, this Constitution.” In contrast, Section 2 of Article XVII,
referring to the third mode, applies only to “Amendments to this Constitution.”

Two-part test in initiative clauses in Constitution.

There are the qualitative and quantitative tests.

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 The quantitative test asks whether the proposed change is so extensive in its provisions as
to change directly the “substance entirety” of the constitution by the deletion or alteration of
numerous provisions. (Amador Valley Joint Union High School District vs. State Board of
Equalization, 583 P. 2d. 1281, 1286 [1978]). The court examines only the number of
provisions affected and does not consider the degree of the change.

(https://www.batasnatin.c
The qualitative test inquires into the qualitative effects of the proposed change in the
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constitution. The main inquiry is whether the change will “accomplish such far reaching batasnatin-live-1.html)
changes in the nature of our basic governmental plan as to amount to a revision.” whether
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there is an alteration in the structure of government is a proper subject of inquiry. Thus, “a Episode
change in the nature of the basic governmental plan” includes “change in its fundamental
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framework or the fundamental powers of its Branches.” A change in the nature of the basic FRI
at 6:00 pm
governmental plan also includes changes that “jeopardize the traditional form of government
Facebook Event
and the system of check and balances.” (Lambino, et al. vs. COMELEC. et al.).
(https://web.facebook.com/events/
828532614203496/?
event_time_id=844799749243449) |
Effect of change in the structure of government, YouTube Channel
revision not mere amendment. (https://www.youtube.com/channel
/UCVyNJy0q_Q2XB873gEkmgjQ)

Season One
Under both the quantitative and qualitative tests, the Lambino Group’s initiative is a revision
Episode 1: August 31, 2018
and not merely an amendment. Quantitatively, the Lambino Group’s proposed changes
Facebook Video
overhaul two articles – Article VI on the Legislature and Article VII on the Executive – (https://web.facebook.com/BATASn
affecting a total of 105 provisions in the entire Constitution. Qualitatively, the proposed atin/videos/261581844465850/) |
changes alter substantially the basic plan of government, from presidential to parliamentary, YouTube Video
(https://www.youtube.com/watch?
and from a bicameral to a unicameral legislature.
v=Kmosry08haM)

Episode 2: September 7, 2018

A change in the structure of government is a revision of the Constitution, as when the three Facebook Video
(https://www.facebook.com/BATAS
great co-equal branches of government in the present Constitution are reduced into two.
natin/videos/1061442454024488/) |
This alters the separation of powers in the Constitution. A shift from the present Bicameral-
YouTube Video
Presidential system to a Unicameral-Parliamentary system is a revision of the Constitution. (https://www.youtube.com/watch?
Merging the legislative and executive branches is a radical change in the structure of v=WxlwYkg7lHo)
government. Episode 3: September 13, 2018
Facebook Video
(https://www.facebook.com/BATAS
Effect if initiative proposes more than one subjects. natin/videos/1761618313887550/) |
YouTube Video
(https://www.youtube.com/watch?

The Lambino Group’s logrolling initiative also violated Section 10(a) of RA 6735 stating, “No v=pSZBUD5VXDc)

petition embracing more than one (1) subject shall be submitted to the electorate; x x x.” Episode 4: September 21, 2018
The proposed Section 4(4) of the Transitory Provisions, mandating the interim Parliament to Facebook Video
(https://web.facebook.com/BATASn
propose further amendments or revisions to the Constitution, is a subject matter totally
atin/videos/846150992256644/) |
unrelated to the shift in the form of government. Since the initiative embraced more than
YouTube Video
one subject matter, RA 6735 prohibits submission of the initiative petition to the electorate. (https://www.youtube.com/watch?
Thus, even if RA 6735 is valid, the Lambino Group’s initiative will still fail. (Lambino, et al. v=pPtmb-Bedtg)
vs. COMELEC). Episode 5: September 28, 2018
Facebook Video
 Prev (/law-library/political-and-public-international-law/constitutional-law/737-public-offices.html) (https://web.facebook.com/BATASn
atin/videos/701567683534502/) |
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YouTube Video
(https://www.youtube.com/watch?
v=m7F8E_RO30U)

Episode 6: October 5, 2018

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