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1.

Ratification

- Art. XVII Section 4, the proposed amendment shall become part of the
constitution when ratified by majority of the votes cast in a Plebiscite held
not earlier than 60 days nor later than 90 days after the approval of the
proposal by Congress acting as a Constituent Assembly or if the proposal
was made by the Constitutional Convention.

- As far as Peoples Initiative is concerned, aside from the period sated by


Constitution, in order to properly submit to the people by way of a
Plebiscite the proposed changes included in that Peoples Initiative, there
must be certification by the COMELEC of the sufficiency of the petition for
Peoples Initiative pursuant to Sec. 2 Art. XVII of the Constitution. Note
the required numbers in the Plebiscite.

- Sanidad vs. COMELEC and Javellan vs. Exec. Sec.

- Even before the 1987 Constitution, questions as to the propriety of a


proposed amendments or revisions, should there be issues as to whether
the proper procedure was followed, such is considered as judicial and
not a political question. Hence, it is within the discretion and prerogative
of the SC to determine as to whether or not the processes indicated
under the 1987 Constitution in proposing changes to the Constitution
either by way of amendments or revisions were followed.

- If there is a grave abuse of discretion in the manner of proposing and


executing changes in the Constitution, it is within the powers of the SC
to review pursuant to its expanded power of judicial review.

- The motivations, reasons, intent, or wisdom in proposing changes to


the constitution cannot be considered as judicial question but a political
question. Especially if the proposal came from Constituent Assembly or
Constitutional Commission. Political questions are not within the
jurisdiction of the courts unless tainted with grave abuse of discretion.

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