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.

Political Law and Public International Law

I. The 1987 Constitution of the Republic of the Philippines

A. Nature and Concept of a Constitution

1. Definition of a Constitution

A Constitution is the fundamental and supreme law of the land. It establishes the framework for the organization of the government, defines its powers and duties, and outlines the rights of the people. It is the source of authority from which all laws and executive actions must derive their legality and legitimacy.

In the Philippines, the 1987 Constitution is the current Constitution, which was ratified by the Filipino people in a plebiscite held on February 2, 1987. It replaced the 1973 Constitution and was drafted in response to the end of Martial Law under Ferdinand Marcos.

2. Classifications of Constitutions

Constitutions can be classified in various ways, and these classifications are relevant in understanding the nature of the 1987 Philippine Constitution:

Written vs. Unwritten Constitution:
- A written constitution is codified in a formal document (e.g., the 1987 Philippine Constitution), whereas an unwritten constitution relies on customs, judicial decisions, and legal precedents.
Rigid vs. Flexible Constitution:
- A rigid constitution is one that requires a special procedure for amendment (e.g., the 1987 Constitution), while a flexible constitution can be amended through ordinary legislative action.
Constitutional vs. Statutory Law:
- Constitutional law governs the structure and powers of government, whereas statutory laws are laws passed by the legislature within the framework of the Constitution.

3. Purpose and Functions of a Constitution

The Constitution serves the following primary functions:

Establishment of Government Structure: It creates the framework of government by dividing it into three branches:
- Legislative: Enacts laws.
- Executive: Implements laws.
- Judiciary: Interprets laws.
Distribution of Powers: The Constitution allocates powers among the different branches of government (legislative, executive, and judicial) and establishes a system of checks and balances to prevent abuse of power.
Limitation of Government Power: The Constitution places limits on governmental powers to protect individual rights and liberties. In the Philippine context, the Bill of Rights (Article III of the 1987 Constitution) is a key feature.
Expression of National Ideals and Aspirations: It reflects the fundamental principles and aspirations of the nation, such as the promotion of democracy, social justice, and human rights.

4. Supremacy of the Constitution

The Constitution is supreme, meaning it takes precedence over all other laws, policies, and governmental acts. Any law or executive act that is inconsistent with the Constitution is void. This principle of constitutional supremacy is enshrined in Article II, Section 1, which states that sovereignty resides in the people and all government authority emanates from them.

Moreover, under Article VIII, Section 5(2)(a), the Supreme Court has the power of judicial review, which allows it to declare acts of the government (laws, executive orders, or even treaties) unconstitutional.

5. Amendment and Revision of the Constitution

The 1987 Constitution provides for its amendment or revision in Article XVII:

Amendment refers to a change that is specific and limited, while revision implies a more comprehensive or substantial alteration.
The Constitution may be amended or revised by:
- Congress, through a vote of three-fourths of all its Members, or
- A Constitutional Convention, or
- People’s Initiative, where a petition signed by at least 12% of the total registered voters nationwide is required, with at least 3% of voters in every legislative district.

Once a proposed amendment or revision is approved by the appropriate body, it must be ratified by a majority of votes cast in a national referendum.

6. Fundamental Principles of the 1987 Constitution

The following principles are foundational to the 1987 Constitution:

Republicanism: The Philippines adopts a republican form of government, where sovereignty resides in the people, and public officials are accountable to them. This is emphasized in Article II, Section 1 of the Constitution.
Democracy: The Constitution upholds democratic ideals, allowing for the participation of citizens in governance, including through elections and referendums.
Separation of Powers: The Constitution provides for the separation of powers among the legislative, executive, and judicial branches to prevent the concentration of authority.
Checks and Balances: Each branch of government has the ability to check the actions of the other branches, ensuring no one branch becomes too powerful.
Rule of Law: The Constitution upholds the principle that laws govern the nation, and no person or institution is above the law.
Social Justice and Human Rights: The Constitution emphasizes the promotion of social justice and human rights, particularly in Articles II and III (Declaration of Principles and Bill of Rights).
Autonomy of Local Governments: The Constitution guarantees the autonomy of local government units, allowing them to govern their own affairs to a certain extent, within the framework set by the national government (Article X).

7. Entrenchment of Human Rights

The Constitution is deeply committed to the protection of human rights. Article III, or the Bill of Rights, outlines the civil and political rights of individuals, including:

The right to life, liberty, and property (Section 1).
Freedom of speech, expression, and the press (Section 4).
The right to due process and equal protection under the law (Sections 1, 14).
The right to privacy (Section 3).
The right against unreasonable searches and seizures (Section 2).

These rights are fundamental and are protected from government encroachment.

Conclusion

The 1987 Constitution is the fundamental law of the Philippines. It establishes the government’s structure, defines the relationship between the state and its citizens, and serves as the supreme legal authority. Its supremacy, commitment to democratic principles, respect for human rights, and mechanisms for amendment ensure its adaptability and relevance to the nation’s evolving needs.