AMENDMENTS TO OR REVISION OF THE

CONSTITUTION

DEFINITION OF TERMS

1. Amendment is the isolated or piecemeal change in the

Constitution.

2. Revision is the revamp or rewriting of the entire Constitution.

3. Constitutional Convention is a body called together for

limited purpose -- that of framing and adopting a new
constitution, or revising and amending an old one.

4. Initiative is the power of the people to propose amendments

to the Constitution, or to propose and enact legislation through
an election called for the purpose. [Sec. 2(a), R.A. No. 6735].

5. Initiative on the Constitution refers to a petition proposing

amendments to the Constitution.

6. Doctrine of Fair and Proper Submission means that the

Constitution should be submitted to the people as a whole, not
piecemeal. It means that the people must be informed of the
issues and they must be given sufficient time to discuss the
merits and demerits of the proposed amendments. It may also
mean that the plebiscite may be held on the same day at a
regular election. [Gonzales vs. COMELEC, 21 SCRA 774; Occea
vs. COMELEC, 104 SCRA 1; Almario vs. Alba, 127 SCRA 69].

7. Plebiscite is the electoral process by which an initiative on

the Constitution is approved or rejected by the people.
[Sec.3(e), R.A. No. 6735].

REVISION AND AMENDMENT DISTINGUISHED

A revision is the rewriting or overhauling of the entire instrument

whose reach is extensive. An amendment is a change or alteration for
the better, an addition or change within the lines of the original
instrument as will effect an improvement or better carry out the
purpose for which it was framed.

In Javellana vs. Executive Secretary, 50 SCRA 30, the Court

opined that amendment envisages a change of specific provisions only.

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The intention of an act to amend is not a change of the entire
constitution but only the improvement of specific parts of the existing
constitution or the additions of provisions deemed essential as a
consequence of new conditions or the elimination of parts already
considered obsolete or unresponsive to the needs of the time.

SOURCE OF POWER TO REVISE OR AMEND THE CONSTITUTION

In Gonzales vs. COMELEC, the Court said that the power to amend
or revise the Constitution is not included in the general grant of
legislative power to Congress. It is part of the inherent powers of the
people as the repository of sovereignty in a Republican State, such as
ours, to make and hence, to amend or revise the fundamental law. It
cannot be exercised by Congress unless expressly granted to it in the
Constitution. Congress may propose amendments to the constitution
merely because the same expressly grants such power. Thus, when
exercising the same, it is said that Senators and Members of the House
of Representatives act, not as members of Congress, but as
component elements of a constituent assembly. When acting as such,
the members of Congress derive their authority from the Constitution,
unlike the people, when performing the same function, for their
authority does not emanate from the Constitution they are the very
source of all powers of government including the Constitution itself.

STEPS REQUIRED IN CONSTITUTIONAL AMENDMENTS OR

REVISION

There are two (2) steps required in the process of amending or

revising the Constitution, namely:

1. Proposal which is the motion of initiating suggestions or

proposals on the amendment or revision; and

2. Ratification which is the sovereign act vested on the

Filipino people to either reject or approve the proposals to
amend or revise the Constitution.

MODES OF PROPOSAL TO AMEND THE CONSTITUTION

Pursuant to the provisions of Section 1 and 2, Article XVII of the

Constitution, any proposal to amend the constitution may be effected
by any of the following modes:

1. Proposal by Congress, upon a vote of three-fourths of all its

members; or

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 2. Proposal by a Constitutional Convention; or

3. Proposal by Peoples Initiative.

MODES OF PROPOSAL TO REVISE THE CONSTITUTION

Pursuant to the provisions of Section 1, Article XVII of the 1987

Constitution, any proposal to revise the Constitution may be effected
by nay of the following modes:

1. Proposal by Congress, upon a vote of three-fourths (3/4) of all

its members; or

2. Proposal by a Constitutional Convention.

Please note that under the foregoing provision the people cannot
exercise the power to revise the Constitution. This is so because said
power is exclusively reserved to the Congress as a constituent
assembly or to a constitutional convention, if one is called by
Congress.

PROPOSAL TO AMEND OR REVISE THE CONSTITUTION BY A

CONSTITUTIONAL CONVENTION

1. Constitutional Convention Defined. A constitutional

convention is a body called together for limited purpose that
of framing or adopting a new constitution, or of revising and
amending an old one.

2. Methods by which a Constitutional Convention may be

called:

1. Congress by two-thirds (2/3) vote of all its members may call

a constitutional convention; or

2. Congress may, by a majority vote of all its members, submit

to the electorate the question of calling such a convention.

3. Theories on the place of a Constitutional Convention in

the Government:

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 a. Conventional Sovereignty which holds that a
constitutional convention is the alter ego of the people, and
so is illimitable, save only by the will of the people. As such,
it is beyond judicial review.

b. Theory of Legislative Control which holds that the

constitutional convention is a mere creation of Congress,
and so Congress can control its proceedings and, through
law, enforce restrictions on what it can do.

c. Theory of Coequality which hold that the constitutional

convention is a coequal and independent branch of the
government, and so is bound by the existing constitution
and thus subject to judicial review.

Please note that the Philippines, through the Constitution,

adheres to the third theory. [Mabanag vs. Lopez Vito, 78 Phil.
1].

This is so because the Constitution requires that for the validity

of the amendments to or revision of the Constitution, the same
must be ratified by a majority of the votes cast in a plebiscite
called for the purpose. It is in this provision that the
Constitution rejected the theory of conventional sovereignty.

A constitutional convention, once convened, is to be looked

upon as a coequal body with the main departments insofar as
its constituent power of drafting or proposing amendments to,
or revision of, the constitution is concerned. It cannot in any
wise be interfered with much less controlled by the legislature
or the courts as to what it should propose and how it should
conduct its internal affairs. A contrary conclusion would impair
its usefulness for the delicate and paramount task assigned to
it.

However, since it owes its existence from the Constitution, it

must not disregard applicable constitutional restrictions. If
limits on its powers are not observed, the remedy is to call
upon the judiciary for redress. [Tolentino vs. COMELEC, 41 SCRA
702].

4. Nature and Scope of the Powers of a Constitutional

Convention.

Accordingly:

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 a. A constitutional convention lawfully convened, derives its
authority from the constitution and not from the legislature,
although it is merely the creation of the latter.

b. Its powers, within the confines of its jurisdiction, are in the

nature of sovereign powers.

c. Its powers cannot be limited or restricted by the legislature.

d. Its powers are co-extensive with the purpose for which it was
called.

e. Its powers are subject only to applicable constitutional

restrictions.

PROPOSAL TO AMEND THE CONSTITUTION BY INITIATIVE

1. Initiative is the power of the people to propose amendment

to the Constitution, or to propose and enact legislation through
an election called for the purpose. [Sec. 3)a), R.A. No. 6735].

2. Different Types of Initiative: Pursuant to Sec. 3(a) of R.A. No.

6735, there are three (3) systems of initiative, namely:

a. Initiative on the Constitution which refers to a petition

proposing amendments to the Constitution;

b. Initiative on Statutes which refers to a petition

proposing to enact a national legislation; and

c. Initiative on Local Legislation which refers to a petition

proposing to enact a regional, provincial, city or municipal,
or barangay law, resolution or ordinance.

3. Procedure on Initiative on the Constitution:

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a. Filing of a Petition with the COMELEC:

Pursuant to Sec. 2, Art. XVII of the Constitution, the Petition

must:

1) have at least twelve per centum (12%) of the total

number of registered voters as signatories; and
2) of the twelve per centum (12%) total registered voters, at
least every legislative district be represented by three
per centum (3%) of the registered voters therein.

Under Sec. 5(c) of R.A. No. 6735, the petition must state the
following:

1) content or text of the proposed amendment;

2) the proposition;
3) the reason or reasons therefor;
4) that it is not one of the exceptions provided therein;
5) signature of the petitioners or registered voter;
6) an abstract of summary proposition in not more than 100
words which shall be legibly written or printed at the top
of every page of the petition.

b. Publication of the Petition by the COMELEC:

1) within a period of thirty (30) days from receipt of the

petition;

2) upon determining the sufficiency of the petition;

3) in Filipino and English;

4) at least twice in newspapers of general and local

circulation.

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 c. Setting the Date of the Initiative which shall not be
earlier that forty-five (45) days but not later than ninety (90)
days from the determination by the COMELEC of the
sufficiency of petition.

4. Constitutional Limitations on the Initiative on the

Constitution:

a. The power of initiative shall be exercisable five years after

the ratification of the 1987 Constitution;

b. The power may be exercised only once every five (5) years
thereafter;

c. The proposition in an Initiative on the Constitution will

become effective only if approved by a majority votes cast in
the plebiscite as of the day of the plebiscite

d. The Congress shall provide for the implementation of the

exercise of the right of the people to directly propose
amendments to the constitution.

This is so because such right is not self-executing. So that,

Congress has enacted Republic Act No. 6735, otherwise
known as the Initiative and referendum Act actualizing this
right and detailing the manner for its exercise.

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