CHANGING THE

CONSTITUTION
T
-It cannot be changed easily by the
whims and caprices of those in power
to said their political convenience and
personal design.
“some men look at constitutions with
sanctimonious reverence and deem them like
the ark of the covenant, too sacred to be
touched…… Laws and institutions must go
hand in hand with progress of human
mind…… As new discoveries are made, new
truths disclosed and manner and opinions
change with the change of circumstances,
institution must advance also, and keep pace
with the times…..”
-THOMAS JEFFERSON
 DISTINGUISHING AMENDMENTS
FROM REVISION
AMENDMENT
•Only part or parts of the
constitution is changed.
•Its intention is to improve
or add a new provision or
delete existing one
•Example: Organic
Resolution No.1 of the
1971 Constitutional
Convention w/c lowers the
voting age to 18 from 21
•Both signify change in the
text and the meaning of the
constitution
REVISION
•Changing or re-writing the
entire constitution
•Its intention is a re-
examination of the entire
document or place an
structural change
•Example: The
constitutional Commission
of 1986 re-wrote the 1973
Constitution to produce the
1987
STEPS IN CHANGING
THECONSTITUTION
 Ar t.XVII states that:
Section 1- Any amendment to or revision of this
Constitution may be proposed by:
1.Congress upon a vote of three -four ths of all member s.
2. A constitutional convention
Ar t.VII, Sec.4
It shall be held not ear lier than sixty days nor later than
Ninety days after the approval of the constituent body of
The proposed amendment of revision
If the change of constitution that is proposed is just an
amendment, the proposal is better made by the Congress
Through a direct legislative action. It should receive
three-four ths votes of all its member s. This will save
gover nment funds that the calling of a constitutional
convention will entail. But if the intention is to rewrite
or overhaul the entire constitution, a constitutional
convention will entail. But if the intention is to rewrite or
overhaul the entire constitution, a constitutional
convention can do the job better. The decision whether
The lies in congress itself.
 If however, it decides to call for a Constitutional
Convention, two-thirds votes by all its member s are
needed. Sec.3, Ar t.XVII states that:

“The congress may, by a vote of two -thirds of all its

Member s, call a constitutional convention, or by a
majority vote of all its member s, submit to the
electorate the question of calling such a convention”
In accordance with Section 2, the per tinent requirements
for people’s initiative to amend the constitution are:

1. There must be a petition of at

least 12 percent of the total
number of registered voter s
nationwide.
2. At least three percent in ever y
district nationwide approve the
proposal
 If the required number of voter is
satisfied in the petition,
Congress shall by law, schedule the
propose amendments
Of plebiscite for final approval of the
people.
The signature of the petitioner must be
verified as genuine and sufficient by
comelec.
CHANGING THE
CONSTITUTION
Amid lingering effects of the regional
currency crises in 1997, some sectors
call for constitutional amendment or
revision. Others pledge to fight tooth
nail to block it.
Cause oriented groups and some known
personalities such as for mer President
Cor y Aquino and the inf luential Cardinal
Jaime Sin conducted rallies against plan
to amend the Constitution. Once again,
the Filipino nation is at the throes of
division. Let us study why to some, the
constitution should or should not be
amended.
 CALLS FOR
CONSTITUTIONAL CHANGE
 PROS AND CONS ON
CONSTITUTIONAL CHANGE

o It is Lengthy and Verbose. The US

constitution has seven Articles only. The
Philippine Constitution has eighteen.
oIt is Written in a hurr y by appointed
members of a Constitutional Commission
and hur riedly ratified by the people to
nor malize the transition from dictatorial to
democratic r ule. This results to some
provisions that are vague like Art.XVII .
It is no longer responsive to the many
changes that happened in the countr y and to
the global community.

It is a transitional Constitution for the

retur n to democracy from Marcos
authoritarian rule like the 1935 Constitution
that guides the Philippines from
Commonwealth to republic.
 S O M E A M E N D MEN T S N E E D E D
ARE:
o Changing of the firm if government from presidential
to parliamentary.

o Electing senators by region to correct unbalanced

representation in the senate.

o Returning police control to local government officials.

o Return to two party system.

o Revert to the safer provision that the
government has the prime duty to protect the
people and the state.
o Allows foreign investors to own land and
operate public utilities such as transportation,
electricity and telecommunications.
oProvisions that will specify to whom
the president will render his resignation
in case of his resignation.
 A N T I - A M EN DME NT S S A I D
T H AT :
o The 1987 Constitution is still young.

o Reforms can be done through ordinary legislation.

o Majority of the people as borne out by survey are

against it (7 out of 10 are against it according to Social
Weather Station, PDI, June, 1999).
o Changing the constitution often times is not good for the
country. We had four major constitutions. The United States
Constitutions since 1790 has never been replaced. Its first
amendment was only after 10 years. TO date it has been
amended 27 times and the last was in 1992.
o Amending the constitution especially by Congress as a
constituent assembly will open the floodgates for political
amendments that will benefit Congressmen. Example is the
lifting of term limits. Most of them are on their last term.
o Changing the constitution often times is not
good for the country. We had four major
constitutions Reforms can be done through
ordinary legislation. And The 1987 Constitution is
still young.
THE ESTRADA'S
CONCORD
WHAT IS ESTRADA’S CONCORD?
Concord an acronym for Constitutional Corrections and
Development. Concord proposed in 1987.

Concord is limited only in economic reforms and no

political reforms. Concord will attain economic
development that will benefit the poor.
THE ESTRADA PROPOSAL IS
ALLOWING FOREIGN
INVESTOR TO OWN:
1. 100% ownership of corporations they like
to put up in the Philippines. The present
constitution only allows 40% foreign
equity(Art. XII, Sec.10)
2.Lands(Art. XII, Sec.3). Presently, foreign
investors enjoy 25-50 years lease on lands.
3. Public utilities (Art. XII, Sec .11), mass media(Art.
XVI,Sec.11(1)), advertising(Art. XVI, Sec .11(2)),
educational institutions(Art. XIV, Sec.4(2))

4. Exploration, and development of natural resources(Art.

XII, Sec.2)
 *OBVIOUSLY,

-these proposals are against the national provisions of our

constitution.

-according to Estrada, his proposal is already practiced in

many countries such as:

Malaysia US Japan Taiwan

Indonesia Argentina
 BASICALLY,

-this belief on foreign investment is anchored on

the following:

1. Brings in dollars-source of capital

2. Provides employment

3. Provides technology transfer

 THE FOLLOLWING,

-the line of thinking of his predecessors, he believes

that foreign investment is the answer to our
economic problems.

-he wanted to make the country to be more

attractive to foreign investors especially in this
period of globalized economy.
 “THERE IS A MYTH HERE ”

-it was revealed by former senator Bobby Tanada of

the Senate Ribbon committee that for every dollar
foreign investors bring in, they borrow twice or
three as much from local banks for their projects.
-workers wages are low.
-technology has not been transferred.
-since the entry of foreign investors
in the country, the Philippines has
not learned to produce even a
bicycle.
 HOWEVER,
-president Estrada may not a certain degree correct on his
proposed amendments to the constitution for practical
consideration in view of the country’s inability to provide jobs
for our millions of unemployed.

-the root of all the economic problems is but political, and

therefore it requires political solutions, says Milton Friedman, a
Nobel Peace Prize awardee for economics.
THANK YOU =)