Tag Archives: constitutional revision

House Resolution 1109 (re: Constitutional Amendment or Revision)

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[The House of Representatives recently issued a resolution asking that members of Congress — which, in a bicameral set-up, is composed of the Senate and the House of Representatives — convene to consider amendments or revisions of the Constitution. A stated purpose is to highlight a justiciable controversy, to allow the Supreme Court to decide, whether the Constitutional amendment/revision by Congress should be done by both chambers voting separately. Full text of House Resolution No. 1109 is reproduced below. See also similar discussions: How to Change a Constitution and SC dismisses petition assailing House Resolution 1109.]

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How to Change the Philippine Constitution

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Amending the Constitution, which is the highest law of the land, is an issue that comes alive in every term of recent Presidents. Terms such as “Cha-Cha” (charter change), “con-ass” and “concon” are thrown around with regularity. Some sectors argue that there’s a need to amend the Constitution now. Others say that while there’s a need to amend the Constitution, it should be done in a time when the people are comfortable with our leaders. Still others simply don’t care. So, how do you amend the Constitution?

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Lambino, et al. vs. COMELEC (G.R. No. 174153, 25 October 2006) – Digest

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On 15 February 2006, the group of Raul Lambino and Erico Aumentado (“Lambino Group”) commenced gathering signatures for an initiative petition to change the 1987 Constitution. On 25 August 2006, the Lambino Group filed a petition with the Commission on Elections (COMELEC) to hold a plebiscite that will ratify their initiative petition under Section 5(b) and (c) and Section 7 of Republic Act No. 6735 or the Initiative and Referendum Act. The proposed changes under the petition will shift the present Bicameral-Presidential system to a Unicameral-Parliamentary form of government.

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People’s Initiative: No Sufficient Enabling Law to Amend the Constitution

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The recent effort to amend the Constitution through people’s initiative met the same fate as the previous ones. As early as 1997, in the case of Defensor-Santiago vs. COMELEC (G.R. No. 127325, 19 March 1997), the Supreme Court already decided, although with vigorous dissenting opinions, that the law intended to provide the mechanism for people’s initiative is not sufficient. Let’s take a look at that case.

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