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Stages in The Amendatory Process Part 1

The document outlines the two stages of the amendatory process under Article XVII of the Philippine Constitution: 1. Proposal Stage - There are three ways to propose amendments: a) by Constituent Assembly which requires 3/4 votes of Congress; b) by Constitutional Convention which requires 2/3 votes of Congress or a majority vote if the threshold isn't met; and c) by People's Initiative which requires signatures from 12% of registered voters across at least 3% of legislative districts. 2. Ratification Stage - Once a proposal is made, it must then be ratified by a majority of votes in a plebiscite or national referendum. There have been legal debates around the sufficiency of

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31 views

Stages in The Amendatory Process Part 1

The document outlines the two stages of the amendatory process under Article XVII of the Philippine Constitution: 1. Proposal Stage - There are three ways to propose amendments: a) by Constituent Assembly which requires 3/4 votes of Congress; b) by Constitutional Convention which requires 2/3 votes of Congress or a majority vote if the threshold isn't met; and c) by People's Initiative which requires signatures from 12% of registered voters across at least 3% of legislative districts. 2. Ratification Stage - Once a proposal is made, it must then be ratified by a majority of votes in a plebiscite or national referendum. There have been legal debates around the sufficiency of

Uploaded by

mikhael
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Stages in the Amendatory Process under Art.

XVII of the Constitution (2


stages):
1. Proposal Stage

- Three ways to propose possible amendments to the Constitution:

a. By way of Constituent Assembly

- This requires ¾ vote of all members of congress.

- The Philippines follows a bicameral system of legislature. Upper House


(Senate) and Lower House (House of Representatives- includes District
Representative and Party list Representatives).

- Under bicameral system, the two houses of Congress will have equal
powers.

- Hence, in a constituent assembly, it will require 3/4 votes, hence, ¾ votes


comes from the lower house and another ¾ votes from the upper house

- The Members of Congress will directly propose possible changes to the


constitution.

- Q: Is the congress exercises an ordinarily legislative function?

- Legislative Function power to enact, amend, and repeal law.

- A: No, the exercise is not a mere legislative function but rather a


Constituent Function wherein they act as representative of the people in
order to propose possible changes in the constitution.

b. By way of Constitutional Convention


- Two ways:

1. Requires 2/3 vote of all members of Congress or,

- 2/3 vote comes from the lower house and another 2/3 vote from
the upper house.
2. By a majority vote of all its members, whether or not to call a
Constitutional Convention if the required number was not met (2/3
votes).

- The issue as to whether or not to call a Constitutional Convention


will now be submitted to the electorate and for them to decide, by a
majority vote, whether or not they want a constitutional convention in
order to propose possible changes in the Constitution.

- In a Constitutional Convention, members will be elected. This are


learned people of law which will be the one to submit possible
changes in the constitution.

c. By Peoples Initiative

- This requires 12% of total number of registered voters provided that 3% of


every legislative district are represented.

- It will be the people that will ultimately propose possible changes in the
constitution.

- Santiago vs. COMELEC, the SC stated that this is a non-self-executing


provision of the Constitution. It will require an implementing or enabling
law.

- Q: Is there a law implementing the provisions of the 1987 Philippine


Constitution on Peoples initiative?

- A: Santiago vs. COMELEC

- Facts: RA 6735, An act providing for a system of initiative and


referendum. According to the petitioner, such law is sufficient to propose
changes in the 1987 Constitution by way of Peoples Initiative.

- SC: RA 6735 lacks in important details on how exactly proposed


changes can be introduce by way of Peoples Initiative.

- Lambino vs COMELEC

- SC: Initially, SC decided upheld Santiago Case and upheld that RA


6735 is insufficient to propose changes in the 1987 Constitution by way
of Peoples Initiative. However, upon MR, RA 6735 is already sufficient to
propose changes in the Constitution by way of Peoples Initiative.
However, if such law will be used as basis for changes in the
Constitution by way of Peoples Initiative, it is only limited for
amendments per se or minor or piecemeal changes. RA 6735 may not be
used in revision or rewriting of the 1987 Constitution by way of Peoples
Initiative.

- No amendments under the concept of Peoples Initiative shall be


authorized within 5 years following the ratification of 1987 Constitution
nor oftener than once every year thereafter.

- Hence, if Peoples Initiative will be allowed through RA 6735 (but


amendments only and not revisions), it is only allowed once every year.

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