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There are three modes of amending the Constitution and two modes for revising the Constitution.
Under Section Article XVIII of the Constitution. Congress may by three- fourths vote of all its Members propose any amendment to or revision of the Constitution. This method is also known as an amendment or revision by the Congress acting as a Constituent Assembly.
Under the same provision, a constitutional convention may propose any amendment to or revision of the According to Section 3 Article XVII of the Constitution, Congress may, by a two- thirds vote of all its Members, call a constitutional convention or by a majority vote of all its members submit the question of calling such a convention to the electorate.
Under Section 2, Article XVII of the Constitution, the people may directly propose amendments to the Constitution through initiative upon a petition of at least twelve per cent of the total number of registered voters, of which every legislative district must be represented by at least three per cent of the registered voters therein.
It should be noted that under the 3rd aforementioned method of initiative, the people may propose only amendments, not a revision.
According to Section 4 Article XVII of the Constitution, to be valid any amendment to or revision of the Constitution, must be ratified by a majority of the votes cast in a plebiscite.
There are two steps involved in the amendment or revision of the Constitution. The first is the proposal and the second is the ratification. (Cruz, 2014)
2.) An amendment to or a revision of the present Constitution maybe proposed by a Constitutional Convention or by the Congress upon a vote of three-fourths of all its members. Is there a third way of proposing revisions of or amendments to the Constitution? If so, how?
There is no third way of proposing revisions to the Constitution; however, the people through initiative upon petition of at least twelve percent of the total number of registered voters, of which every legislative district must be represented by at least three percent of the registered voters in it may directly propose amendments to the Constitution. This right is not operative without an implementing law. (Section 2, Article XVI of the 1987 Constitution)
3.) A priority thrust of the Administration is the change of the form of government from unitary to federal. The change can be effected only through constitutional amendment or revision. Cite at least three provisions of the Constitution that need to be amended or revised to effect the change from unitary to federal, and briefly explain why?
Article X, 3 must be omitted because the legislature will no longer define the scope of the powers of the government.
Article X Sec, 4 will have to be The President will no longer have the power of supervision over local governments.
Article X, 5 must be omitted. Congress will no longer be allowed to impose limitations on the power of taxation of local governments.
NOTE: The panel wishes to recommend liberality in favor of the examinee for this question, as answers can be gleaned from many articles and provisions of the Constitution, among them Articles VI, VII, and X.
4.) A proposal to change a provision of the 1987 Constitution has been put forth as follows: Original Text: "The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them" Proposed text: "The Philippines is a democratic and socialist State. Sovereignty resides in the party and all government authority emanates from it." (a) Is this an amendment or revision? Explain. (b) Briefly explain the process to revise the 1987 Constitution.
a.) The proposal is a revision. Using the qualitative test provided in the case of Lambino v. COMELEC, the main inquiry is whether the change will "accomplish such far reaching changes in the nature of our basic governmental plan as to amount to a revision." In this case, the proposal to change where the sovereignty resides—from the people to the party—definitely alters the nature of the Philippine government, thus satisfying the test. (Lambino v. COMELEC, G.R. No. 174153, October 25, 2006)
b.) Any revision of the Constitution may be proposed by:
The Congress, upon a vote of three-fourths of all its Members; or
A constitutional convention.