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XVI.

AMENDMENTS OR
REVISIONS
Sec. 1. Any amendment to, or revision of this
Constitution may be proposed by:
1. The Congress, upon a vote of of its
members; or
ONLY INSTANCE WHERE VOTE IS
NECESSARY
1. A constitutional convention

Sec. 2. Amendments to this Constitution may likewise be


directly proposed by the people through initiative upon a
petition or at least 12 per centum of the total number of
registered voters of which every legislative district must be
represented by at least 3 per centum of the registered
voters therein. No amendment under this section
shall be authorized within 5 years following the ratification
of this constitution nor oftener than once every five years
thereafter.

TAKE NOTE THE DISTINCTION!!!


INITIATIVE ON LAW- REQUIREMENT OF 10 % AND 3 PERCENT ART. 6 SEC. 32
INITIATIVE ON CONSTITUTION- REQUIREMENT OF 12 % AND 3%- A BIT HIGHER
TAKE NOTE: LAST PARAGRAPH APPLIES ONLY IN AMENDMENT THROUGH INITIATIVE AND NOT ON
CONGRESS VOTE OF OR CON CONVENTION- IT CAN BE DONE EVEN EVREYDAY
AMENDMENT OR REVISION IS AN ACT OF SOVEREIGNTY- HIGHEST ACT OF SOVEREIGTY
BECAUSE IT REQUIRES THE ACT OF THE SOVEREIGN PEOPLE
TAKE NOTE ALSO THE DIFFERENCE OF REVISION AND AMENDMENT:
IF YOU CHANGE MANY PROVISIONS IN THE CONSTITUTION (QUANTITATIVE), IT IS REVISION , IF
ONLY 1 OR 2 PROVISIONS. QUALITATIVE (REVISION) IF YOU CHANGE IT FROM UNICAMERAL TO
BICAMERAL
TAKE NOTE ALSO: THAT AMENDMENT INVOLVES 3 WAYS AS EXPLAINED AND REVISION INVOLVES
ONLY THE FIRST 2 WAYS.. IT DOES NOT INVOLVE NO. 3

IT IS AN ACT OF SOVEREIGNTY.
How are the two (2) distinguished?
One or two specific provision as against a
reexamination of the entire document.
Parliamentary? Federal? Unicameral?
LAMBINO Petition

Who can propose amend/revise?


1.Congress, upon vote of all members
2.Constitutional convention
3.The people through initiative (but only
for amendment)

Limits on the power of the people to change


Constitution through initiative:
1. They can only amend, not revise
2. They cannot do it oftener than once every 5
years
3. There must be an enabling law- TAKEN
FROM LAMBINO DECISION- MEANING
IT IS NOT A SELF EXECUTING

Province of Cotabato v. GRP, GR No. 183591, Oct.


14, 2008
All provisions of the MOA-AD in conflict with the
Constitution shall come into force after the
fundamental law has been amended or revised.
Valid? NOT VALID.. NULL AND VOID IT AMOUNTS TO A GUARANTEE THAT THE
CONSTITUTION WILL BE AMENDED.. THIS IS NOT AMONG THE 3 MEANS OF AMENDING
THE CONSTITUTION!!!

Status of RA 6735? LAW ON INITIATIVE AND REFERENDUM!!!! IT HAS 2


PARTS.. 1. INITIATIVE ON LOCAL LAWS AND 2. INITIATIVE ON CONSTITUTION (enabling
law)

Santiago v. COMELEC- 1997- IN SO FAR AS THE INITIATIVE ON


THE CONSTITUTION, IT IS NOT EFFECTIVE AS IT ONLY COPIED THE PROVISIONS OF THE
CONSTITUTION.. IT DOES NOT SERVE AS ENABLING LAW..

Lambino v. Comelec 2006

SC RULED THAT SAID LAW IS VALID

WHAT ARE THE REQUIREMENTS ::

1. You must attach the proposed amendments in


gathering signatures.

2. Cannot contain more than one subject-

Sec. 3. The Congress may, by a vote of 2/3 of all


the its members, call a constitutional convention,
or by a majority vote of all its members, submit
to the electorate the question of calling such a
convention.

Who can call a Convention?


1. Congress, by 2/3 vote of all members
2. It can submit the issue to the people by
majority vote of all its members.
How does it convert itself into a Constituent body? Sec.
1. Any amendment to, or revision of this Constitution may be proposed by:
1. The Congress, upon a vote of of its members;
2. FR. BERNAS SUGGESTED THAT THE EACH HOUSE SHALL COME UP
VOTE VOTING SEPARATELY

How can initiative to amend be done?

1.There must be a petition supported


by 12% of the total number of
registered voters
2.Every legislative district must be
represented by at least 3 percent

Sec. 4. Any amendment to, or revision of, this Constitution


under Sec. 1 hereof, shall be valid when ratified by a
majority of the votes cast in a plebiscite which shall be
held not earlier that 60 days nor later than 90 days after
the approval of such amendment or revision.
Any amendment under Sec. 2 hereof shall be valid when
ratified by a majority of the votes cast in a plebiscite which
shall be held not earlier than sixty days nor later than
ninety days after the certification by the Commission on
Electiobs of the sufficiency of the petition.

1997, No. 20: State the various modes of, and steps in,
revising or amending the Constitution.
1. Congress, upon vote of all members
2. Constitutional convention
3. The people through initiative (but only for amendment)

2004, No. 4: An amendment to or a revision of the present


Constitution may be proposed by a Constitution Convention
or by the Congress upon a vote of of all its members. Is
there a third way of proposing revisions of or amendments
to the Constitution? If so how? THE PEOPLE THROUGH
INITIATIVE BUT ONLY FOR AMENDMENT
2001, No. 1: One Senator remarked that the Supreme Court
is a continuing constitutional convention. Do you agree?

SC HAS NO ROLE IN AMMENDMENT OR REVISION EXECUTIVE HAS


ALSO NO ROLE ON IT

2007, No. 6: True or False


(a)An amendment to the constitution shall be
valid upon a vote of of all the members
of the Congress.
FALSE: IT HAS TO BE RATIFIED BY THE MAJORITY OF THE
PEOPLE IT IS AN ACT OF SOVEREIGNTY.. IT WILL TAKE
EFFECT ON THE DAY THE PLEBISCITE IS DONE

XVIII, 2009
What are the essential elements of a valid
petition for a people's initiative to amend
the 1987 Constitution? Discuss. (2%)
1. You must attach the proposed amendments in gathering signatures.
2.
2. Cannot contain more than one subject3. There must be a petition supported by 12% of the total number of registered voters
4. Every legislative district must be represented by at least 3 percent

Which of the following is NOT correct?


a. the Congress can propose revision of the
Constitution
b. the people cannot propose to amend the
Constitution without an enabling law
c. even with an enabling law, the people
cannot propose revision of the Constitution
d. more than one proposal to amend
the Constitution through initiative may be
made within 5 years of each other

2011 Bar Question


13. Jose Cruz and 20 others filed a petition with the
COMELEC to hold a plebiscite on their petition for initiative
to amend the Constitution by shifting to a unicameral
parliamentary form of government-(IT IS REVISION OF
CONSTITUTION). Assuming that the petition has-been
signed by the required number of registered voters, will it
prosper?
A. No, only Congress can exercise the power to amend the
Constitution.
B. Yes, the people can substantially amend the Constitution
by direct action.
C. Yes, provided Congress concurs in the amendment.
D. No, since they seek, not an amendment, but a revision.