ARTICLE XVII- AMENDMENTS OR REVISIONS

3) Ratification

Definitions:

Proposal of amendments:

1) Amendment: an alteration of one or a few

Amendments may be proposed by:

specific provisions of the Constitution. Its main

purpose is to improve specific provisions of the
Constitution. The changes brought about by
amendments will not affect the other provisions

A. Congress, acting as a constituent assembly,

by a 3/4 vote of all its members.

of the Constitution.

amendments is NOT part of its ordinary

legislative power.

2) Revision: An examination of the entire

Constitution to determine how and to what
extent it should be altered. A revision implies
substantive change, affecting the Constitution as
a whole.
Constituent power v. Legislative power
1)

Constituent power is the power to

formulate a Constitution or to propose

amendments to or revisions of the Constitution
and to ratify such proposal. Legislative power is
the power to pass, repeal or amend or ordinary
laws or statutes (as opposed to organic law).

The power of Congress to propose

The only reason Congress can exercise

such power is that the Constitution has
granted it such power.

B. Constitutional Convention:
1) How a Constitutional Convention may be
called
a). Congress may call a ConCon by a 2/3 vote of
all its members; or
b). By a majority vote of all its members,
Congress may submit to the electorate the
question of whether to call a ConCon or not.

2)

Constituent power is exercised by

Congress (by special constitutional conferment),

by a Constitutional Convention or Commission,
by the people through initiative and referendum,
and ultimately by sovereign electorate, whereas
legislative power is an ordinary power of

2) Choice of which constituent assembly (either

Congress or ConCon) should initiate
amendments and revisions is left to the
discretion of Congress. In other words, it is a
political question.

Congress and of the people, also through

3) BUT: The manner of calling a ConCon is

initiative and referendum.

subject to judicial review, because the

3)

The exercise of constituent power does not

Constitution has provided for vote requirements.

need the approval of the Chief Executive,

4) If Congress, acting as a constituent assembly,

whereas the exercise of legislative power

calls for a ConCon but does not provide the

ordinarily needs the approval of the Chief

details for the calling of such ConCon, Congress

Executive, except when done by people through

exercising its ordinary legislative power may

initiative and referendum.

supply such details. But in so doing, Congress

Three (3) steps necessary to give effect to

amendments and revisions:
1) Proposal of amendments or revisions by the
proper constituent assembly;
2) Submission of the proposed amendments or
revisions; and

(as legislature) should not transgress the

resolution of Congress acting as a constituent
assemble.
5) Congress, as a constituent assembly and the
ConCon have no power to appropriate money for
their expenses. Money may be spent from the

treasury only to pursuant to an appropriation

2)

made by law.

via initiative:

C. Peoples Initiative

a)

1) Petition to propose such amendments must be

signed be at least 12% of ALL registered voters.
2) Every legislative district represented by at
least 3% of the registered voters therein.
3) Limitation:
It cannot be exercised oftener than once every 5
years.
Note:
1)

While the substance of the proposals made

by each type of constituent assembly is not

subject to judicial review, the manner the
proposals are made is subject to judicial review.
2)

Since these constituent assemblies owe

Amendments proposed by the people

Valid when ratified by a MAJORITY of votes

cast in a plebiscite.
b)

Plebiscite is held not earlier than 60 days

nor later than 90 days after the certification by

COMELEC of the petitions sufficiency
3)

Requisites of a valid ratification:

a)

Held in a plebiscite conducted under the

election law;
b)

Supervised by the COMELEC; and

c)

Where only franchised voters (registered)

voters take part.

4)

Issues regarding ratification:

a)

The Constitution does not require that

amendments and revisions be submitted to the

their existence to the Constitution, the courts

people in a special election. Thus, they may be

may determine whether the assembly has acted

submitted for ratification simultaneously with a

in accordance with the Constitution.

general election.

3)

Examples of justiciable issues:

b)

a)

Whether a proposal was approved by the

required number of votes in Congress (acting as

a constituent assembly).
b)

Whether the approved proposals were

properly submitted to the people for ratification.

Proposal of Revisions
1)

By Congress, upon a vote of 3/4 of its

members
2)

which proposed amendments/revisions are

submitted to the people falls within the
legislative sphere. That Congress could have
done better does not make the steps taken
unconstitutional.
c)

submitted for ratification in one single plebiscite.

There cannot be a piece-meal ratification of
amendments/revisions.

By a constitutional convention

Ratification
Amendments and revisions proposed by

Congress and/or by a ConCon:

a)

Valid when ratified by a MAJORITY of votes

cast in a plebiscite.
b)

All the proposed amendments/revisions

made by the constituent assemblies must be

d)

1)

The determination of the conditions under

Plebiscite is held not earlier than 60 days

nor later than 90 days from the approval of such

amendments or revisions.

Presidential proclamation is NOT required

for effectivity of amendments/revisions, UNLESS

the proposed amendments/revisions so provide.