Article Xviiamendments or Revisions

7/31/2019 Article Xviiamendments or Revisions

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ARTICLE XVIIAMENDMENTS OR REVISIONS


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Amendment vs. Revision


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Lambino vs. COMELEC

Changing the form ofgovernment from presidential toparliamentary involves a revision andnot amendment.


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2 Stages of Amendment

1. Proposal

2. Ratification


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1. PROPOSAL

(Secs. 1-3, Art. XVII)-the adoption of thesuggested change in the Constitution. Aproposed amendment may come from(3ways of proposing amendments to, or

revision of, the Constitution under ArticleXVII):


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(a) Congress

i. (Sec. 1, Art. XVII) Acting as

Constitutional Assembly and not as a legislativebody. -One of the non-legislative powers;

ii. By a vote of 3/4 of all its members.

(3/4 of the Senate, 3/4 of the House ofRepresentatives


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(b) Constitutional Convention

which may be called into existence either:

i. By directly calling a Constitutional Convention bya 2/3 vote of all theMembers of Congress, or;

ii. By submitting the issue to the people in a

plebiscite [if the two-thirds(2/3) vote is not obtained] by amajority vote of all the members of Congresswith thequestion of whether or not to call a Convention to beresolved by the people in a plebiscite. (Sec.3, Art. XVII)

superior- people; Theory of Conventional Sovereignty

inferior- it is a mere creation of Congress;

co-equal to and independent of the 3 branches


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Occena vs. COMELEC 104 SCRA 1

The choice of method of proposal, i.e.,whether made directly by Congress or througha Constitutional Convention, is within the fulldiscretion of the legislature.


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(c) People, through the Power ofInitiative (Sec.2, Art. XVII)

A petition of at least 12% of the totalnumber of registered voters, of which everylegislative district must be represented by at least3% of the registered voters therein--This is not aself-executing provision, it will require an

enactment of law.


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RA 6735 Initiative andReferendum Law

INITIATIVE

The power of the people to propose amendments tothe Constitution or to propose and enact legislations throughan election

3 kinds of initiative:

1. initiative on the Constitution refers to a petitionproposing amendments to them Constitution

2. initiative on statutes refers to a petition proposing toenact a national legislation

3. initiative on local legislation refers to a petitionproposing to enact a regional, provincial, municipal, city, orbarangay law, resolution or ordinance

[Sec.2(a),RA6735]called for the purpose.


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Section 2 (b), RA 6735

provides for:

INDIRECT INITIATIVE exercise of initiative by thepeople through a proposition sent to Congress or thelocal legislative body for action; and

DIRECT INITIATIVE the people themselves filed the

petition with the COMELEC and not with Congress


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The COMELEC cannot validly promulgate rules andregulations to implement the exercise of the right of thepeople to directly propose amendments to the Constitutionthrough the system of initiative. It does not have the power

under RA 6735. Reliance on the COMELECs power underSection 2 (1), Article IX-C is misplaced, for the laws andregulations referred to therein are those promulgated bythe COMELEC under Section 3 of Article IX-C or a lawwhere subordinate legislation is authorized and whichsatisfies the completeness and the sufficient standard

tests. (Santiago vs. COMELEC, 270 SCRA 106)


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2. Ratification

(Sec. 4, Art. XVII) The proposed amendment

shall become part of the Constitution when ratified by amajority of the votes cast in a plebiscite held not earlierthan 60 nor later than 90 days after the approval of theproposal by Congress or the Constitutional Convention,or after the certification by the COMELEC of the

sufficiency of the petition for initiative under Sec. 2, Art.XVII.


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REFERENDUM

The power of the electorate to approve orreject legislation through an election called for thatpurpose.

Two (2) Classes:

1.Referendum on Statutes refers to a petition toapprove or reject a law, or part thereof, passed byCongress

2. Referendum on Local Law refers to a petition toapprove or reject a law, resolution or ordinanceenacted by regional assemblies and local legislativebodies


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Doctrine of ProperSubmission

(proper frame of reference)

Because the Constitution itself prescribesthe time frame within which the plebiscite is to

be held, there can no longer be a question onwhether the time given to the people todetermine the merits and demerits of theproposed amendments is adequate.

The plebiscite may be held on the sameday as regular elections.


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Judicial Review of

Amendments

The question is now regarded assubject to judicial review because invariably,the issue will boil down to whether or notthe constitutional provisions had beenfollowed. (Sanidad vs. Comelec, 78 SCRA333; Javellana vs. Exec. Secretary, 50 SCRA50)


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Prohibited Measures

The following cannot be the subject ofan initiative or referendum

1. No petition embracing more than one subjectshall be submitted to the electorate; and

2. Statutes involving emergency measures, theenactment of which is specifically vested inCongress by the Constitution, cannot besubject of referendum until ninety (90) daysafter the effectivity. (Sec. 10, RA 6735)


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Local Initiative

Not less than 2,000 registered voters in

case of autonomous regions, 1,000 in case ofprovinces and cities, 100 in case of municipalities,and 50 in case of barangays, may file a petitionwith the Regional Assembly or local legislativebody, respectively, proposing the adoption,enactment, repeal, or amendment, of any law,ordinance or resolution. (Sec. 13, RA 6735)


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Limitations on Local Initiative

a. The power of local initiative shall not beexercised more than once a year;

b. Initiative shall extend only to subjects or matterswhich are within the legal powers of the locallegislative bodies to enact; and

c. If at any time before the initiative is held, thelocal legislative body shall adopt in toto theproposition presented, the initiative shall becancelled. However, those against such actionmay, if they so desire, apply for initiative.


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Limitation on Local Legislative

Body vis--vis Local Initiative

Sec. 125, RA 7160any proposition orordinance approved through an initiative andreferendum shall not be repealed, modified oramended by the Sangggunian within 6 months fromthe date of approval thereof, and may be amended,

modified or repealed within 3 years thereafter by avote of of all its members. In case of barangays,the period shall be 18 months after approval.


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Revision

In the case of Lambino vs. COMELEC, G.R. No.174153, October 25, 2006, the SC held that a peoplesinitiative to change the Constitution applies only to anamendment of the Constitution and not to its revision.Certainly, the Lambino Groups initiative is a revisionand not merely an amendment. Quantitatively, theLambino Groups proposed changes overhaul twoarticlesArticle VI on the Legislature and Article VIIon the Executiveaffecting a total of 105 provisions inthe entire Constitution. Qualitatively, the proposedchanges alter substantially the basic plan ofgovernment, from presidential to parliamentary, andfrom a bicameral to a unicameral legislature.

Article Xviiamendments or Revisions

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