Amendments and Revisions of the 1987 Philippine Constitution

The process of amending or revising the Philippine Constitution is a crucial aspect of Political Law. It involves procedures and mechanisms set forth within the Constitution itself. The 1987 Constitution of the Philippines provides a specific framework for amendments and revisions, particularly in Article XVII.

Here’s a detailed breakdown of what one needs to know about amendments and revisions under this section:

I. Amendment vs. Revision

While both amendment and revision pertain to changes in the Constitution, they differ in terms of scope and nature:

Amendment: This refers to changes that do not affect the basic structure of the Constitution. Amendments typically deal with specific provisions or sections and are intended to improve or update certain aspects of the Constitution.
Revision: This involves a more substantial or fundamental change to the Constitution, potentially affecting its overall framework or structure. It may encompass multiple provisions or even the entire Constitution.

II. Modes of Amending or Revising the Constitution

The 1987 Constitution provides for three modes to propose amendments or revisions:

Constituent Assembly (Con-Ass)
- This refers to Congress (the Senate and House of Representatives) acting as a constituent assembly.
- Congress can propose amendments or revisions by a vote of three-fourths of all its members.
- It is important to note that this does not necessarily mean a joint session; the Senate and the House may vote separately on the proposed changes.
Constitutional Convention (Con-Con)
- Congress may also call for a Constitutional Convention for the purpose of proposing amendments or revisions.
- A Constitutional Convention is a body of delegates elected by the people, who are tasked solely with proposing changes to the Constitution.
- Congress can either call for a Con-Con by a two-thirds vote of all its members or submit the question of whether or not to call a Con-Con to the electorate for a majority vote.
People’s Initiative
- Under Section 2, Article XVII, the Constitution allows amendments through a People's Initiative.
- This is a process where the people can directly propose amendments to the Constitution. It requires a petition signed by at least 12% of the total number of registered voters, with each legislative district represented by at least 3% of its registered voters.
- Note that People's Initiative can only be used for amendments, not for revisions.

III. Ratification by the People

Once the proposed amendments or revisions are finalized through any of the modes mentioned above, they must be ratified by the Filipino people. The ratification process is outlined in Section 4, Article XVII of the Constitution:

Proposed amendments or revisions must be submitted to the electorate for approval in a plebiscite.
The plebiscite must be held not earlier than 60 days nor later than 90 days after the approval of the proposal by Congress or the Constitutional Convention, or after the certification by the Commission on Elections (COMELEC) of the sufficiency of a petition for a People’s Initiative.

The proposed amendments or revisions become part of the Constitution once they are approved by a majority of votes cast in the plebiscite.

IV. Limitations on Amendments or Revisions

No specific limitations on time: The 1987 Constitution does not provide for specific limitations on when amendments or revisions can be proposed, meaning these processes can occur at any time, as long as the constitutional requirements are met.
Substantive limitations: There are no explicit prohibitions within the Constitution on the types of provisions that can be amended, except for the general principle that amendments should not violate fundamental rights or be inconsistent with the Constitution's general principles.

Notable Legal Issues

Case Law: In Lambino v. Comelec (2006), the Supreme Court struck down an attempt to amend the Constitution via People's Initiative, holding that the petition failed to meet the requirements of Article XVII, as it sought to propose revisions (involving a shift to a parliamentary system) rather than mere amendments, which the People's Initiative process cannot lawfully undertake.
Separate Voting in Constituent Assembly: There has been debate over whether the Senate and the House of Representatives must vote separately or jointly when convening as a Constituent Assembly. Historically, it has been interpreted that they must vote separately, though no final ruling has been made by the Supreme Court on this issue.

V. Summary of Procedures

Amendments can be proposed through:
- Constituent Assembly: Three-fourths vote of all members of Congress.
- Constitutional Convention: Two-thirds vote of Congress to call a convention or by public referendum.
- People’s Initiative: Petition signed by 12% of the electorate and 3% from each district (amendments only).
Revisions can be proposed through:
- Constituent Assembly: Three-fourths vote of all members of Congress.
- Constitutional Convention: Two-thirds vote of Congress to call a convention or by public referendum.
- People's Initiative cannot be used to propose revisions.
Ratification:
- A national plebiscite must be conducted for the people to vote on the proposed changes.
- A majority vote in favor is required for the amendments or revisions to take effect.

Importance of Public Participation and Awareness

Since any change to the Constitution fundamentally alters the nation's highest legal document, public participation through the plebiscite ensures that the sovereign people ultimately decide on the final adoption of proposed amendments or revisions. This ensures the legitimacy of any constitutional changes and protects the democratic foundations of the Philippines.