Documentos de Académico
Documentos de Profesional
Documentos de Cultura
Constitution
Constitutional Law 1
Atty. Vincent Pepito F.Yambao, Jr.
A. Evolution of the Philippine Constitution
Malolos Organic Acts 1935
Constitution (1902- Constitution
(1899-1901) 1935) (1935-
Phil. Organic 1943)
Act of 1902
Philippine (1945-1973)
Autonomy Act
of 1916
1943 1973 1986
Constitution Constitution Freedom
(1943-1945) (1973-1986) Constitution
(1986-1987)
1987
Constitution
B. Amendment and Revision
Amendment
envisages a change or only a few specific provisions.
The intention of an act to amend is not to consider the
advisability of changing the entire constitution or of
considering that possibility.
Intention is to improve specific parts of the existing
constitution or to add to it provisions deemed essential
on account of changed conditions or to suppress
portions of it that seem obsolete, or dangerous, or
misleading in their effect
Revision
the alterations of the different portions of the entire
document [Constitution].
may result in the rewriting whether the whole
constitution, or the greater portion of it, or perhaps some
of its important provisions.
the factor that characterizes it as an act of revision is the
original intention and plan authorized to be carried out.
That intention and plan must contemplate a
consideration of all the provisions of the Constitution to
determine which one should be altered or suppressed or
whether the whole document should be replaced with an
entirely new one.
Quantitative Test Qualitative Test
Submissio
Proposal Ratification
n
Proposal to Amend/Revise the
Constitution
House
to
Constitute House Senate
Constituent
Assembly Constituent
Senat Assembly
e
b. Constitutional Convention
House
2/3 to call 2/3 or 2/3 or
ConCon or House Senate
to submit Call
to electorate Concom/Su
bmit to
Senate Electorate
c. Peoples Initiative
3%
Legislative
district
3% 12% total 3%
Legislative registered Legislative
district voters district
3%
Legislative
district
Peoples Initiative
Proposed Amendments
must be Petition to the
Signature Gathering
attached/incorporated in COMELEC
the signature sheet
Certification by
>60 days < 90 days COMELEC of the
Plebiscite
Sufficiency of the
Petition
fix the time and dates for signature gathering all over
the country
cause the necessary publications of said Order and
the attached Petition for Initiative on the 1987
Constitution, in newspapers of general and local
circulation;
instruct Municipal Election Registrars in all Regions of
the Philippines, to assist Petitioners and volunteers, in
establishing signing stations at the time and on the
dates designated for the purpose.
Proposed Amendment:
No categorical answer.
But made this statement:
It was made clear during the interpellations
that the aforementioned Section 2 is limited to
proposals to AMEND -- not to REVISE -- the
Constitution.
SC Ruling
Re: COMELEC Resolution No. 2300
Alternating Member
7 members; 7 votes
Scenario 3
Section 3. (1) the House of Representatives
shall have the exclusive power to initiate all
cases of impeachment.
xxx
To initiate could not possibly mean "to file" because filing can, as Section 3 (2), Article XI
of the Constitution provides, only be accomplished in 3 ways, to wit:
(1) by a verified complaint for impeachment by any member of the House
of Representatives; or
(2) by any citizen upon a resolution of endorsement by any member; or
(3) by at least 1/3 of all the members of the House.
The one year bar prohibiting the initiation of impeachment proceedings against the same
officials could not have been violated as the impeachment complaint against Chief Justice
Davide and seven Associate Justices had not been initiated as the House of
Representatives, acting as the collective body, has yet to act on it.
case v. proceedings
Following the principle of reddendo singuala sinuilis,
the term "cases" must be distinguished from the term
"proceedings."