Poli Rev: 1987 Constitution

THE 1987 CONSTITUTION

AMENDMENTS AND REVISIONS 


  1. With the passage of time, the members of the House of Representatives increased with the creation of new legislative districts and the corresponding adjustments in the number of party list representatives. At a time when the House membership was already 290, a great number of the members decided that it was time to propose amendments to the Constitution. The Senators, however, were cool to the idea. But the members of the House insisted. They accordingly convened Congress into a constituent assembly in spite of the opposition of the majority of the members of the Senate. When the votes were counted, 275 members of the House of Representatives approved the proposed amendments. Only 10 Senators supported such proposals. The proponents now claim that the proposals were validly made, since more than the required three-fourths vote of Congress has been obtained. The 14 Senators who voted against the proposals claim that the proposals needed not three-fourths vote of the entire Congress but each house. Since the required number of votes in the Senate was not obtained, then there could be no valid proposals, so argued the Senators. Were the proposals validly adopted by Congress? (2014 BAR)

No, the proposals to amend the Constitution were not validly adopted.


The argument of the 14 senators is correct that the required number of votes in the Senate was not obtained. Article XVII of the Constitution provides for the procedure for its amendment, one of which is the Constituent Assembly. Although not explicitly stated, when the Congress acts as a constituent body, it must vote separately and a three-fourth vote of each House must be obtained. The rationale for this requirement is to allow proper representation of each house given their unequal populations.


While the votes acquired in the House of Representatives satisfied the 3/4 requirement, the votes in the Senate did not. Thus, there were no valid proposals adopted.


  1. What are the essential elements of a valid petition for a people’s initiative to amend the 1987 Constitution? Discuss. (2010, 2009 BAR)

The following are the essential elements of a valid petition for a people’s initiative to amend the 1987 Constitution:

  1. At least 12% of the registered voters represented by at least 3% of every legislative district should author and directly sign the entire proposal; and

  2. The proposal must be embodied in a petition.


  1. The present Constitution introduced the concepts and processes of Initiative and Referendum. Compare and differentiate one from the other. (2005 BAR)


Initiative and referendum are both democratic mechanisms embodied in the Constitution inspired by political history.

Initiative is a process whereby the registered voters propose amendments to the Constitution or propose and enact legislation through an election called for the purpose.

Referendum is a process whereby the registered voters decide to ratify or reject a national or local legislation.


  1. Several citizens, unhappy with the proliferation of families dominating the political landscape, decided to take matters into their own hands. They proposed to come up with a people’s initiative defining political dynasties. They started a signature campaign for the purpose of coming up with a petition for that purpose. Some others expressed misgivings about a people’s initiative for the purpose of proposing amendments to the Constitution, however. They cited the Court’s decision in Santiago v. Commission on Elections (G.R. No. 127325 19 Mar. 1997), as authority for their position that there is yet no enabling law for such purpose. On the other hand, there are also those who claim that the individual votes of the justices in Lambino v. COMELEC (G.R. No. 174153, 25 Oct. 2006), mean that Santiago’s pronouncement has effectively been abandoned. If you were consulted by those behind the new attempt at a people’s initiative, how would you advise them? (2014 BAR)


I would advise them that the ruling under Santiago v. COMELEC has been abandoned in the latest case Lambino v. COMELEC. In Lambino, the Court affirmed the law prescribing the procedure for the system of initiative to amend the Constitution.


Thus, the concerned citizens must file a petition supported by at least 12% of the registered voters represented with at least 3% of each legislative district. The case of Lambino is instructive. The registered voters must author and directly sign the entire proposal. The draft of the proposed amendment must also be embodied in a petition.

 

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