WAYS OF AMENDING THE PHILIPPINE CONSTITUTION

Home

Random

Nearby

Log in

Settings

About Wikipedia

Disclaimers

Open main menu

Wikipedia

Search

Constitutional reform in the Philippines

Read in another language

Download PDF

Watch

Edit

Learn more

This article needs additional citations for verification.

Constitutional reform in the Philippines, also known as Charter Change (colloquially Cha-Cha)[1],
refers to the political and legal processes needed to amend the current 1987 Constitution of the
Philippines. Under the common interpretation of the Constitution, amendments can be proposed by
one of three methods: a People's Initiative, a Constituent Assembly or a Constitutional Convention.[2]
[3][4]

A fourth method, by both houses passing a joint concurrent resolution with a supermajority of at least
75%, has been proposed by House Speaker Feliciano Belmonte, Jr. who subsequently submitted to the
House of Representatives "Resolution of Both Houses No. 1".[5] This "simple legislation as the means
to amend" would only require approval by both Houses voting separately.[6] All proposed
amendment methods must be ratified by a majority vote in a national referendum.[6]
While no amendment to the 1987 Constitution has succeeded, there have been several high-profile
attempts. None reached the ratification by referendum stage.

Methods of Charter Change Edit

Method Proposal Ratification

Constituent Assembly[7] Vote by three-quarters of all its members[8] Plebiscite, not earlier
than sixty days nor later than ninety days after the submission of the amendments or revision

Constitutional Convention[9][10]

Called into existence by Congress, with a vote of two-thirds of all its Members

Majority vote of all of the Members of Congress, submitting to the electorate the question of calling
such a convention.

People's Initiative [11] 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[12]
Plebiscite, not earlier than sixty days nor later than ninety days after the certification by the
Commission on Elections of the sufficiency of the petition.

Consultative Body Edit

The President, through official proclamation or executive order, may create a consultative body that
will study and propose amendments or revisions to the constitution. However, the draft of the
consultative committee will only serve as a guide for the constitutional body that will propose
amendments or revisions to the Constitution

President Consultative Body Legal Basis Chairperson Composition Proposed form

of government

Jose P. Laurel Preparatory Committee for Philippine Independence Jorge B. Vargas 20

members

José P. Laurel

Elpidio R. Quirino

Benigno Aquino, Sr.

Ramon Avanceña

Jorge B. Vargas

Antonio de las Alas

Claro M. Recto

Quintin Paredes
José Yulo

Vicente Madrigal

Manuel Roxas

Sa Ramain (Alauya Alonto)

Emiliano Tria Tirona

Melecio Arranz

Camilo Osías

Rafael Alunan Sr.

Pedro Sabido

Teofilo Sison

Manuel C. Briones

Single-party authoritarian republic

Joseph Estrada Preparatory Commission on Constitutional Reforms Executive Order No. 43 Andres
Narvasa 19 out of 25 members[13]

Raul Daza

Margarito Teves

Raul Concepcion

Felipe Gozon

Alberto Fenix Jr.

Conrado Vasquez

Cesar Virata

Bernardo Villegas;

Cayetano Paderanga Jr.

Ceferino Padua

Froilan Bacunan

Cicero Calderon

Ramon Felipe,

Ricardo Romulo.

Unitary presidential constitutional Republic with Free trade economy

Gloria Macapagal Arroyo 2005 Consultative Commission Executive Order No. 453 Jose V.
Abueva 33 out of 50 members[14]

Carmen Pedrosa

Jarius Bondoc

Alexander Magno

Anthony Acevedo

Ronald Adamat

Emmanuel Angeles

Rene Azurin

Jose Bello Jr.

Ma. Romela Bengzon

Francis Chua

Donald Dee

Gilberto Duavit Jr.

Gerado Espina Sr.

Pablo Garcia

Nelia Gonzales

Joji Ilagan-Bian

Gonzalo Jurado

Jose Leviste Jr.

James Marty Lim

Lito Monico Lorenzana

Sergio Luiz-Ortiz Jr.

Jose Sonny Matula

Democrito Mendoza

David Naval

Victor Ortega

Vicente Paterno

San Fernando
Oscar Rodriguez

Pedro Romualdo

Efraim Tendero

Ray Teves

Antonio Vilar

Alfonso Yuchengco.

Federal parliamentary constitutional republic

Rodrigo Duterte Consultative Commission Executive Order No. 10 Reynato Puno 21 out
of 25 members[15]

Aquilino Pimentel Jr

Randolph Climaco Parcasio

Antonio Arellano

Susan Ubalde-Ordinario

Arthur Aguilar

Reuben Canoy

Roan Libarios

Laurence Wacnang

Ali Pangalian Balindong

Edmund Soriano Tayao

Eddie Mapag Alih

Bienvenido Reyes

Julio Cabral Teehankee

Antonio Nachura

Rodolfo Dia Robles

Virgilio Bautista

Ranhilio Aquino

Victor de la Serna

Jose Martin Azcarraga Loon

Rex Cambronero Robles

Federal presidential constitutional republic

Proposed amendments or revision to the 1987 Constitution Edit

See also: Federalism in the Philippines

Ramos administration Edit

The first attempt to amend the 1987 Constitution was under President Fidel Ramos. Among the
proposed changes in the constitution included a shift to a parliamentary system and the lifting of term
limits of public officials. Ramos argued that the changes will bring more accountability, continuity, and
responsibility to the "gridlock"-prone Philippine version of presidential bicameral system. Some
politically active religious groups, opposition politicians, business tycoons and left-wing organizations
opposed the process that was supposed to lead to a national referendum. Critics argued that the
proposed constitutional changes for one would benefit the incumbent, Ramos. On September 21,
1997, a church-organized rally brought in an estimated half a million people to Rizal Park.[16]

Furthermore, on September 23, 1997, the advocates suffered a setback when the Supreme Court,
under Chief Justice Andres Narvasa, narrowly dismissed a petition filed by the People's Initiative for
Reform, Modernization and Action (PIRMA), which sought to amend the Constitution through a
signature campaign or People's Initiative. The Supreme Court dismissed the petition on the grounds
that the People's Initiative mode does not have enough enabling law for the proposed revisions or
amendments in the 1987 constitution. Had the petition been successful, a national plebiscite would
have been held for proposed changes.

Estrada administration Edit

Under President Joseph Estrada, there was a similar attempt to change the 1987 constitution. The
process is termed as CONCORD or Constitutional Correction for Development. Unlike Constitutional
Reform under Ramos and Arroyo the CONCORD proposal, according to its proponents, would amend
only the restrictive economic provisions of the constitution that are considered to impede the entry of
more foreign investments in the Philippines.

There were, once again, objections from opposition politicians, religious sects and left-wing
organizations based on diverse arguments such as national patrimony and the proposed constitutional
changes would be self-serving. Again, the government was accused of pushing constitutional reform
for its own vested interests.

Arroyo administration Edit

Under President Gloria Macapagal Arroyo, there were more attempts to change the 1987 constitution.
Constitutional reform was included in Arroyo's election campaign platform during the 2004 elections
and was considered a high priority. After winning the 2004 elections, Arroyo, by virtue of Executive
Order No. 453, created the Consultative Commission, headed by Dr. Jose V. Abueva. The task of the
Consultative Commission was to propose the "necessary" revisions on the 1987 constitution after
various consultation with different sectors of society. After about a year of consultations, the
Consultative Commission came up with proposals that included a shift to a unicameral parliamentary
form of government; economic liberalization; further decentralization of national government, and
more empowerment of local governments by a transition to a parliamentary-federal government
system.[17] While constitutional reform and "opening up" of the Philippine economy are generally
supported by small and medium businesses in the country and by the Philippine Chamber of
Commerce and Industry (PCCI) and the Employers Confederation of the Philippines (ECOP)),[18] it is
opposed by the Makati Business Club (MBC).[19]

Sigaw ng Bayan's Initiative Edit

The political process that would carry on the proposed amendments recommended by the
Consultative Commission was campaigned by the Sigaw ng Bayan group (Cry of the People) and ULAP
in 2005-2006. Sigaw ng Bayan was headed by Atty. Raul Lambino, a former member of the
Consultative Commission. The aim of Sigaw ng Bayan group was to gather enough signatures to call
for a plebiscite on the proposed constitutional changes by a People's Initiative.

Once again some organizations, politicians, religious sects, business tycoons and political groups, such
as One Voice, were opposed for various reasons and beliefs, claiming untimeliness of the proposed
amendments/revisions and the allegation that the incumbent president and her allies would directly
benefit from the proposed changes. The Communist Party of the Philippines (CPP), an organization
labeled by the United States as terrorist, denounced the cha-cha process as "anti-masses" and called
on their paramilitary group, the New People's Army, and their left-wing supporters to campaign
against reform and intensify the destruction of what they viewed as a feudal, fascist Philippine regime
backed by the imperialist United States.

On October 25, 2006, the Supreme Court, under Chief Justice Artemio Panganiban, by a vote of 8-7,
narrowly rejected Sigaw ng Bayan's Initiative on two grounds:

The initiative failed to comply with the basic requirements of the Constitution for conducting a
people's initiative.

The initiative proposed revisions and not amendments. Under the 1987 Constitution, a people's
initiative cannot introduce constitutional revisions but only amendments. The Court held that
changing the form of government, from presidential to parliamentary, or abolishing a house of
Congress, like the Senate, are revisions, which cannot be done by a people's initiative.

The insufficient enabling law of the 1997 Supreme Court decision, however, was overturned by the
same Supreme Court in the motion for reconsideration by Sigaw ng Bayan, with the Supreme Court
announcing in November 2006 that there is an adequate enabling law for the People's Initiative mode
to propose amendments to the Constitution.

Constituent Assembly under De Venecia Edit

Main article: Constituent Assembly (Philippines)

In December 2006, House Speaker Jose de Venecia, Jr. attempted to push for the constitutional
change process by convening the House of Representatives of the Philippines and the Senate of the
Philippines into a Constituent Assembly, or "con-ass," one of the three modes by which the 1987
Constitution could be amended.

Once again, the anti-terrorist change forces threatened massive protests on the political process that
could lead to a plebiscite on the constitutional reform issue. Former President Joseph Estrada; left-
wing organizations such as BAYAN; Brother Mike Velarde of El Shaddai (movement); Brother Eddie
Villanueva of Jesus is Lord Movement (JLM); Butch Valdes of Philippines LaRouche Youth Movement;
Jose Maria Sison (who is currently in exile) of Communist Party of the Philippines (CPP) and other
groups and personalities called on their followers to go home that will culminate in a major "eating
rally" on December 17, 2006.[20][21] A few days before the major rally that was heavily publicized by
the mainstream media in the Philippines, House Speaker De Venecia retreated on the constituent
assembly (con-ass) mode to give way for constitutional reform via constitutional convention (con-
con): the only mode of constitutional reform that many anti-constitutional reform groups said they
will support. Speaker De Venecia "challenged" everyone to support his new proposal for the election
of constitutional convention delegates to be held on the same day as the May 2007 local elections.
Despite the concessions made by Speaker De Venecia, opponents ignored his new proposal and still
pushed through with the rally that was supposed to reach 500,000 to 3,000,000 people. However, the
turnout based on Director Wilfredo Garcia's (chief of Philippine National Police-Directorate for
Operations) and other media reporter's estimate did not grow beyond 15,000 and was significantly
composed of members of left-wing organizations.[22] In the "eating rally," the religious leaders called
on the whole nation to embrace "electric post," "face removal," and "character change" instead of
systematic changes such as constitutional reform.[22]

Constituent Assembly under Nograles-Pimentel Edit

Monico O. Puentevella on May 7, 2008, filed House Concurrent Resolution No. 15, which supported
Senate Resolution No. 10 backed by 16 senators. Unlike the Nene Pimentel Senate Resolution,
Puentevella included the option of holding a constitutional convention but excluded a People's
Initiative.[23] Prospero Nograles, a self-proclaimed advocate of federalism, announced on May 1,
2008: "This federal system of government is close to my heart as a Mindanaoan leader and I'm sure
most of the leaders in Mindanao will agree that we have long clamored for it. Senate Resolution 10 is
a pleasant surprise because the Senate has a long history of opposing any move to amend the
Constitution."[24] The joint Senate resolution called for the creation of 11 federal states in the
country by convening of Congress "into a constituent assembly for the purpose of revising the
Constitution to establish a federal system of government."

Arroyo stated to visiting Swiss President Pascal Couchepin: "We advocate federalism as a way to
ensure long-lasting peace in Mindanao."[25] Press Secretary Jesus Dureza, on August 12, 2008, stated,
"It's all systems go for Charter change. We are supporting Senate Joint Resolution No. 10. Naughty
insinuations that she [Arroyo] was going for Cha-cha [Charter change] because she wants to extend
her term in office prompted the President to make her position clear. She is calling for a constitutional
amendment... in order to bring about the Bangsamoro Juridical Entity. An opportunity should be given
to the whole country to avail of the reform effects of federalism. The sentiment of many people there
is to give local officials more authority in order to perform better. And the federal set-up is the way
forward to this. The President has approved the way forward and there's no question about it. If she
has the political will to do it she has to muster political will in spite of all these noises."[26]

Meanwhile, Representative Victor Ortega of La Union, chairman of the House committee on

constitutional amendments, said that his survey showed that 115 (94.26%) of the 123 solons were in
favor of amending the Constitution. However, opposition and leftist lawmakers questioned the results
and the intent of Ortega's survey and called Arroyo's proposal a ploy for her "perpetuation in power"
and the removal of protectionist provisions in the Charter. The survey showed 62 respondents favored
constitutional reform by a constitutional assembly, and 89 respondents were in favor of shifting to a
parliamentary form of government, compared to 56 who voted for federalism, and 70 respondents
preferred to amend the Constitution after the 2010 presidential elections. Members of the committee
on constitutional amendments would vote by the end August on whether to amend the Constitution.
[27] However, nothing came out from the proposal.

Aquino III administration Edit

Belmonte's joint resolution on economic provisions Edit

President Benigno Aquino III had no concrete plans regarding constitutional reform, but several
proposals were put forth by different members of Congress. Senate Resolution No. 10, by Senator
Pimentel, called for constitutional reform to convert to a federal republic. Cagayan de Oro
Representative Rufus Rodriguez and Abante Mindanao (ABAMIN) party-list Representative Maximo
Rodriguez Jr. filed a bill pushing for a federal and parliamentary government, in addition to economic
liberalization.[28]

Speaker of the House, Feliciano Belmonte, Jr., filed Resolution of Both Houses No. 1, pushing for
economic liberalization.[29] The resolution would add five words to seven economic provisions in the
Constitution: "unless otherwise provided by law."[6] The seven provisions are Section 2, Art. XII on
exploration, development, and utilization of natural resources; Section 3, Art. XII on alienable lands on
the public domain; Section 7, Art. XII on conveyance of private lands; Section 10, Art. XII on reserved
investments; Section 11, Art. XII on grant of franchises, certificates, or any other forms of
authorization for the operation of public entity; Section 4 (2), Art. XIV on ownership of educational
institutions; and Section 11 (1 and 2), Art. XVI on ownership and management of mass media and on
the policy for engagement in the advertising industry.[30] Supporting economic liberalism are major
business groups like the Foundation for Economic Freedom, Arangkada Philippines, and the Makati
Business Club.[31] Governmental agencies like the Department of Foreign Affairs and the Department
of Trade and Industry also are calling for economic liberalization.[32] The resolution made it through
two readings in the House of Representatives but has not had a third reading.

Duterte administration Edit

During the May 2016 election, Rodrigo Duterte stated in May 2016 that a plebiscite on the proposed
replacement of the unitary state with a federal one will be held in two years.[33]

After winning, Duterte proposed to revive the proposed form of Nene Pimentel.[citation needed] On
December 7, 2016, President Duterte signed Executive Order No. 10 creating a consultative committee
(ConCom) to review the 1987 Constitution.[34] Then on July 3, 2018, the ConCom unanimously
approved the draft constitution through voting. It was submitted to the President on or before July 9
of the same year.[35][36][37][38]

Referred to as the "Bayanihan Constitution" (referring to the Filipino value of communal work) by
Duterte and the consultative committee[39], the proposed federal charter includes an amendment
that aims to prohibit elected officials from switching political parties during the first and last two years
of their term, as a response to turncoat behavior. Also included are provisions that seek to ban
political dynasties, barring "persons related within the second civil degree of consanguinity or affinity"
from running for public office "simultaneously for more than one national and one regional or local
position."[40]

References

External links

Last edited 1 month ago by Monkbot

RELATED ARTICLES

Constitutional Convention (Philippines)

Federalism in the Philippines

Philippine Executive Order 10

Wikipedia