ARTICLE XVII AMENDMENTS OR REVISIONS

Question 1

Under Section 1 of Article 17 of the Constitution, a REVISION or AMENDMENT to the Constitution may be proposed by?

Answer 1

1. The Congress, upon a vote of THREE FOURTHS of ALL its members. (CONSTITUENT ASSEMBLY)

OR

2. A CONSTITUTIONAL CONVENTION (2/3 of ALL MEMBERS or by MAJORITY VOTE of all its members

Question 2

How many modes are there of AMENDING the constitution?

Answer 2

3.
2 found in Section 1 (AMENDMENT and REVISION)
A. CONSTITUENT ASSEMBLY - 3/4 vote of Congress
B. CONSTITUTIONAL CONVENTION

1 found in Section 2. (AMENDMENT ONLY)
A. PEOPLE’S INITIATIVE

Question 3

T or F

The people’s initiative (Section 2 Art 17) is a self-executing provision.

Answer 3

False, because the Congress shall provide for the implementation of this right. RA 6735.

(Lambino vs COMELEC)
(Santiago vs COMELEC)
(Marmeto vs COMELEC)

Question 4

Discuss the People’s Initiative under Sec 2 Art 17 of the 1987 Constitution.

Answer 4

AMENDMENTS to the Constitution may directly be proposed by the people THROUGH INITIATIVE upon petition:

1. ) OF AT LEAST TWELVE PERCENTUM OF THE TOTAL NUMBER OF REGISTERED VOTERS, OF WHICH EVERY LEGISLATIVE DISTRICT MUST BE REPRESENTED BY AT LEAST THREE PERCENTUM OF THE REGISTERED VOTERS THEREIN.
2. ) No amendment allowed under the initiative within 5 years of the ratification and 5 years thereafter.
3. ) Congress shall provide for implementation of exercise of said right.

Question 5

What Republic Act provides for the People’s Initiative?

Answer 5

RA 6735.

Question 6

Differentiate revision from amendment as ruled by the Supreme Court.

Answer 6

REVISION - broadly implies a change that alters a basic principle in the constitution, like altering the principle of separation of powers or the system of checks-and-balances. There is also revision if the change alters the substantial entirety of the constitution, as when the change affects substantial provisions of the constitution.

AMENDMENT - broadly refers to a change that adds, reduces, or deletes without altering the basic principle involved. Revision generally affects several provisions of the constitution, while amendment generally affects only the specific provision being amended.

Revision - major change: alters a basic principle
Amendment - minor change: does not alter a basic principle.

Question 7

Why was the petition of Lambino denied by the Supreme Court?

Answer 7

Because their PETITION HAS NO MERIT, because:

1. Under the People’s Initiative, only an AMENDMENT (NOT REVISION) may be made. His proposal was to change the form of government from Bicameral-Presidential system to a Unicameral-Parliamentary form of government constituted A REVISION.
2. The essence of amendments “directly proposed by the people through initiative upon a petition” is that the entire proposal on its face is a petition by the people. This means two essential elements must be present:

1.) The people must author and thus sign the entire
proposal, and no agent or representative can sign on
their behalf.
2.) Second, as an initiative upon a petition, the
proposal must be embodied in a petition.

The above requirements were NOT MET because the people signed on a petition that DOES NOT CONTAIN THE FULL TEXT OF THE PROPOSED AMENDMENTS. Only a sign sheet was fulfilled.

Question 8

The Supreme Court, in the case of Lambino vs COMELEC, deemed it unnecessary to revisit the case of Santiago vs COMELEC. Why?

Answer 8

They need not revisit the case of Santiago vs COMELEC, because the Lambino group has already failed miserably in meeting the requirements of the Constitution, in that

1. They are proposing a revision, not an amendment, and:
2. Failure to embody the essence of an amendment through the People’s Initiative:
   a. People must AUTHOR and SIGN the ENTIRE PROPOSAL
   b. PROPOSAL must be EMBODIED IN A PETITION. (Full text of amendment is lacking)

The Lambino Group admitted circulating only very limited copies of the petition. This admission binds the Lambino Group and establishes beyond any doubt that the Lambino Group failed to show the full text of the proposed changes to the great majority of the people who signed the signature sheets.

Question 9

RA 6735 was deemed inadequate, as stated in the case of Santiago vs COMELEC. Why?

Answer 9

Because Section 2 of RA 6735 does not suggest an initiative on amendments to the Constitution. Also:

1. ) The people are not accorded the power to “directly propose, enact, approve, or reject, in whole or in part, the Constitution” through the system of initiative.
2. ) They can only do so with respect to “laws, ordinances, or resolutions.”
3. ) The Act does not provide for the contents of a petition for initiative on the Constitution.
4. ) While the Act provides subtitles for:
   a. ) National Initiative and Referendum (Subtitle II) and for
   b. ) Local Initiative and Referendum (Subtitle III)

NO SUBTITLE IS PROVIDED FOR INITIATIVE ON THE CONSTITUTION, hence the conclusion that such omission is indicative that the matter of the people’s initiative on the Constitution is LEFT TO SOME FUTURE LAW.

Question 10

In the case of Santiago vs COMELEC, the proposal to lift the term limits of elective national and local officials is a REVISION or AMENDMENT?

Answer 10

The decision on whether it is a revision or amendment was RENDERED UNNECESSARY, because the Delfin Petition is NOT the initiatory petition under R.A. No. 6735 and COMELEC Resolution No. 2300 and therefore, it cannot be entertained or given cognizance of by the COMELEC.

COMELEC Resolution No. 2300, IS ULTRA VIRES insofar as INITIATIVE ON AMENDMENTS TO THE CONSTITUTION, since the COMELEC has no power to provide rules and regulations for the exercise of the right of initiative to amend the Constitution. ONLY CONGRESS IS AUTHORIZED by the Constitution to pass the implementing law.

Question 11

Why is COMELEC Resolution No. 2300 considered unconstitutional?

Answer 11

It was declared VOID and UNCONSTITUTIONAL only those parts of Resolution No. 2300 of the Commission on Elections prescribing rules and regulations on the conduct of initiative or amendments to the Constitution since these are ultra vires acts. ONLY CONGRESS IS AUTHORIZED by the Constitution to pass the implementing law.

Question 12

How is a Constitutional Convention called into?

Answer 12

A Constitutional Convention may be called into by:

1. ) VOTE OF 2/3 TWO THIRDS OF ALL ITS MEMBERS,
2. ) MAJORITY VOTE OF ALL ITS MEMBERS SUBMITTING TO THE ELECTORATE THE QUESTION OF CALLING SUCH A CONVENTION

An issue arises here since our Congress is Bicameral. Supreme Court has not interpreted this yet.
Father Joaquin Bernas suggests that Senate and Congress must vote separately. No cases on this yet.

Question 13

T or F

A revision may be made through the People’s Initiative.

Answer 13

False, it applies only to amendments.

Question 14

How often can an amendment through the People’s Initiative be made?

Answer 14

Only every FIVE (5) years.

Question 15

What are the essential elements of a People’s Initiative?

Answer 15

1. The people must AUTHOR AND SIGN THE ENTIRE PROPOSAL. No agent can sign on their behalf
2. As an initiative upon a petition, THE PROPOSAL MUST BE EMBODIED IN A PETITION.

FULL TEXT OF THE PROPOSED AMENDMENTS MUST BE SHOWN TO MEET THE ABOVE REQUIREMENTS.

Question 16

What is required for a revision or amendment under Section 1 to be valid?

Answer 16

MAJORITY VOTE CAST IN A PLEBISCITE which shall be HELD NOT EARLIER THAN 60 DAYS NOR LATER THAN 90 DAYS AFTER THE APPROVAL OF SUCH AMENDMENT OR REVISION. (Art 17 Sec 4)

Question 17

When there is a revision or amendment, when shall such be valid and effective?

Answer 17

It shall be valid and effective ordinarily ON THE DATE OF RATIFICATION, IE DAY ON WHICH THE VOTES ARE CAST.

Question 18

Explain the difference of the starting period for Section 1 and 2 of Article 17 of the Constitution.

Answer 18

Section 1 - amendment/revision through Con Ass or Con Con STARTS FROM APPROVAL OF SUCH AMENDMENT OR REVISION

Section 2 - amendment through People’s Initiative STARTS AFTER THE CERTIFICATION OF COMELEC OF THE SUFFICIENCY OF THE PETITION.

Question 19

For the people’s initiative and referendum under Article 6 Section 32 to propose and enact laws, what number and manner of votes is required?

Answer 19

10% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters thereof.

Question 20

What is an initiative?

Answer 20

An initiative is the power of the PEOPLE to propose amendments to the Constitution and enact legislations through an election called for the purpose.

Question 21

What is a referendum?

Answer 21

A referendum is the power of the ELECTORATE to approve or reject a legislation through an election called for the purpose, and may be classified as follows:

a. Referendum on Statutes: petition to approve or reject an act or law or part thereof, passed by Congress
b. Referendum on Local Law: petition to approve or reject a law, resolution or ordinance enacted by regional assemblies or local legislative bodies.

Question 22

How many modes are there of REVISING the constitution?

Answer 22

2 ONLY, AS COMPARED TO AMENDMENT (3)
2 found in Section 1 OF ARTICLE 17
A. CONSTITUENT ASSEMBLY - 3/4 vote of Congress
B. CONSTITUTIONAL CONVENTION

Question 23

Differentiate Initiative under Article 6 Section 32 and People’s initiative under Article 17 Section 2 of the Constitution.

Answer 23

Initiative under Article 6 Sec 32 is the power of the PEOPLE to propose and enact laws or approve or reject any act or law or part thereof passed by Congress or local legislative body after the registration of a petition. It requires 10% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters thereof.

People’s initiative is the power of the PEOPLE to propose amendments to the Constitution and enact legislations through an election called for the purpose, and requires AT LEAST TWELVE PERCENTUM OF THE TOTAL NUMBER OF REGISTERED VOTERS, OF WHICH EVERY LEGISLATIVE DISTRICT MUST BE REPRESENTED BY AT LEAST THREE PERCENTUM OF THE REGISTERED VOTERS THEREIN.

Question 24

What law provides for the system of rules on local and national initiative and referendum?

Answer 24

RA 6735 and Local Government Code.

Question 25

Who is mandated to enforce and administer initiatives and referendum?

Answer 25

COMELEC.

Question 26

The constitutional provision on initiative and referendum is not self-executory because it requires:

a. an implementing resolution from COMELEC
b. an implementing resolution from the Supreme Court
c. an implementing legislation
d. an implementing resolution from the party-list representative of the HOR.

Answer 26

C.

Question 27

T or F
RA 6725 is inadequate to cover the system of initiative on amendments to the Constitution, and to have failed to provide sufficient standard for subordinate legislation

Answer 27

False, RA 6735.

Question 28

Why was COMELEC Resolution No. 2300 deemed invalid?

Answer 28

It was deemed invalid for being unconstitutional, since COMELEC’s Resolution No. 2300 is ultra vires insofar as initiative on the amendments to the Constitution is concerned, since the COMELEC has no power to provide rules and regulations for the exercise of the right of initiative to amend the Constitution. Only Congress is authorized by the constitution to pass the implementing law.

Question 29

RA 6735 was deemed inadequate so as to initiate proposals to make amendments to the Constitution. Why?

Answer 29

Because R.A. No. 6735 miserably failed to satisfy both requirements in subordinate legislation.

• First. Contrary to the assertion of public respondent COMELEC, Section 2 of the Act does not suggest an initiative on amendments to the Constitution. The people are not accorded the power to “directly propose, enact, approve, or reject, in whole or in part, the Constitution” through the system of initiative. They can only do so with respect to “laws, ordinances, or resolutions.”
• Second. The Act does not provide for the contents of a petition for initiative on the Constitution.
• Third. While the Act provides subtitles for National Initiative and Referendum (Subtitle II) and for Local Initiative and Referendum (Subtitle III), no subtitle is provided for initiative on the Constitution.