Changing The Constitution

There have been renewed discussions regarding the need to amend the 1987 Constitution. The Law
Professor agrees that a constitution must not remain static, it must always be dynamic and refect or adjust to
what the current situation of the country requires. It does not follow that what may have been applicable in
1987 is still applicable today. We can only hope that whoever is tasked with amending the Constitution does
so while thinking about the country and not him or herself.
At the onset, it would be wise to distinguish amendment from revision. Amendment means an isolated
or piecemeal change in the Constitution. On the other hand, revision is the revamp or the rewriting of the
entire instrument.
So, how do you amend or revise the constitution? The frst step is through proposal. Under Article
XVII of the 1987 Constitution there are three ways to propose amendments. The frst is by Congress through
a vote of 3/4 of all its members. By 3/4 vote, it is understood to be 3/4 of the Senate and 3/4 of the House
of Representatives. Generally, Congress has both constituent and legislative powers. Their constituent
powers include the power to formulate a constitution or propose amendments or revisions and to ratify the
same. Legislative power refers to the power to pass, repeal or amend ordinary laws or statutes. In amending
the Constitution, the Congress will be exercising their constituent powers.
The second method of proposal is through a constitutional convention. The Congress may, by a vote of
two-thirds of all 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.
The last method of proposal is made by the people through initiative. This is done through a petition
of at least twelve per centum of the total number of registered voters, of which every legislative district must
be represented by at least three per centum of the registered voters therein. However, no amendment shall be
authorized within fve years following the ratifcation of the Constitution nor oftener than once every fve years
thereafter.
Congress was also tasked to provide for the implementation of the exercise of this right and they did
just that by enacting Republic Act 6735 entitled, An Act Providing for a System of Initiative and
Referendum. Proposed amendments shall be valid when ratifed 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 approval of such
amendment or revision.