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Article XVII: Amendments & Revisions

Article XVII of the 1987 Philippine Constitution outlines the process for amending or revising the constitution. Section 1 allows amendments to be proposed by Congress with a three-fourths vote or by a constitutional convention. Section 2 enables citizens to directly propose amendments through initiative with a petition signed by 12% of registered voters. Revision involves rewriting the entire constitution, while amendment refers to smaller changes. The distinction between amendment and revision is important because people's initiatives can only be used to propose amendments, not revisions.

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0% found this document useful (0 votes)
88 views2 pages

Article XVII: Amendments & Revisions

Article XVII of the 1987 Philippine Constitution outlines the process for amending or revising the constitution. Section 1 allows amendments to be proposed by Congress with a three-fourths vote or by a constitutional convention. Section 2 enables citizens to directly propose amendments through initiative with a petition signed by 12% of registered voters. Revision involves rewriting the entire constitution, while amendment refers to smaller changes. The distinction between amendment and revision is important because people's initiatives can only be used to propose amendments, not revisions.

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ARTICLE XVII

AMENDMENTS OR REVISIONS

AMENDMENTS OR REVISION

● The constitutional provision on amendments or revision can be found in section 1,2,3


and 4 of article XVII of the 1987 Philippine constitution.
● The 1987 constitution be changed By amendments and revision.
● Amendments and revision are the changes in constitution. mendments is a change or
alteration of provision of the constitutionRevision is the rewriting or overhauling of the
entire instruments itself. But still, within the lines of the original instrument which
necessarily would probably improve the constitution or to introduced a certain changes
that are necessary in order to adress a particular issue at the time where particular
amendment was introduced
● Again, amendment is a small changes in the constitution while revision is probably the
whole constitution is written and revised. You cannot interchange these terms,
amendments is different from revision.

Under Section 1 of Article 17 of the 1987 Constitution, the resolution states that any
amendment to, or revision of, the Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its Members; or
(2) A constitutional convenrevisio

Section 2. Amendments to this Constitution may likewise be directly proposed by the


people through initiative upon a petition of at least twelve per centum of the total
number of registered voters, of which every legislative district must be represented by at
least three per centum of the registered voters therein. No amendment under this
section shall be authorized within five years following the ratification of this Constitution
nor oftener than once every five years thereafter.

The Congress shall provide for the implementation of the exercise of this righ

Section 3. The Congress may, by a vote of two-thirds of all its Members, call a
constitutional convention, or by a majority vote of all its Members, submit to the
electorate the question of calling such a convention.
Section 4. Any amendment to, or revision of, this Constitution under Section 1 hereof
shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be
held not earlier than sixty days nor later than ninety days after the approval of such
amendment or revision.

Any amendment under Section 2 hereof shall be valid when ratified by a majority of the
votes cast in a plebiscite which shall be held not earlier than sixty days nor later than
ninety days after the certification by the Commission on Elections of the sufficiency of
the petition.

WISTINCTION BETWEEN AMENDMENTS AND REVISION

This distinction is significant because the 1987 constitution allows people’s initiative
only for the purpose of amending, not revising the constitution

ARTICLE 17 AMENDMENTS OR REVISIONS states that many provisions of the 1987


Constitution have already served, if not outlived, their purpose, hence the sustained
clamor over the years for amendments to or revision of the Constitution finds
justification, in the need to provide, among other much needed socio-economic and
political reforms, a long-term solution to the decades old conflict in Mindanao and
regional economic development in the countryside.

The current composition of both Houses of Congress is reflective of the varied


interests that the members' constituencies represent, so that whatever
amendments to or revision of the constitution they propose, they already have the
necessary background and the corresponding insights on how to effectively
introduce them accordingly, the resolution states.

It is necessary to distinguish the amendments or revision. People's initiative cannot


be used to propose a revision in the constitution. People's initiative is allowed only
in amendments.

Common questions

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The 1987 Philippine Constitution differentiates between an amendment and a revision primarily based on the scope and impact of changes. An amendment is a change or alteration of specific provisions, while a revision involves rewriting or overhauling the entire constitutional document, fundamentally altering its framework. This distinction is significant because the Constitution allows the people's initiative only for amendments and not for revisions. The requirement that amendments or revisions must be ratified through a plebiscite further underscores the importance of these processes and the need for clarity in their application .

The distinction between amendments and revisions is critical because it dictates the level of public involvement required and the legislative procedures to be followed. Amendments involve minor changes, allowing for relatively quick adjustments to the Constitution, while revisions involve an overhaul of the entire document, necessitating more extensive deliberation and consensus. This separation helps maintain constitutional stability while allowing for necessary updates, ensuring that smaller adaptations do not circumvent broader democratic processes reserved for more significant changes .

Implementing a people's initiative requires a petition signed by at least twelve percent of registered voters, with every legislative district represented by at least three percent. These procedures are crucial as they ensure wide and equitable representation across the electorate and prevent dominance by particular regions. The requirement for a defined percentage of voter involvement reflects the democratic nature of such initiatives, mandating a genuine grassroots demand. This balanced approach helps maintain national coherence and stability by avoiding sectional interests influencing constitutional changes .

Plebiscites play a crucial role in legitimizing constitutional amendments or revisions under the 1987 Philippine Constitution. They require any proposed amendment or revision to be ratified by a majority of votes cast in a plebiscite held within a specific time frame of 60 to 90 days after approval. This ensures that changes to the Constitution are not only approved by lawmakers but also supported by the electorate, reflecting the democratic principle of direct public involvement in significant national decisions. The plebiscite thus serves as a check against unilateral changes by governing bodies without public consent .

The Constitution places restrictions on amendments via a people's initiative to prevent frequent, potentially destabilizing changes and ensure that such initiatives reflect serious, well-considered proposals. Amendments through a people's initiative cannot be made within five years of the Constitution’s ratification, nor more often than once every five years thereafter. This framework ensures stability and continuity in governance, allowing for amendments only when justified by substantial public demand and necessity .

Congress plays a pivotal role in proposing constitutional amendments or revisions, which highlights the importance of its legislative function and responsibility in constitutional governance. By requiring a three-fourths vote for amendments or revisions, the Constitution ensures that any proposed changes have significant legislative support, reflecting a broad consensus. Furthermore, the voting requirements safeguard against arbitrary changes and ensure that amendments address critical issues with wide agreement. This mechanism preserves the institutional integrity of both Houses and aligns with their representation of diverse public interests .

The composition of both Houses of Congress influences amendment or revision proposals by ensuring diverse perspectives and interests of different constituencies are considered. Members reflect the varied socio-economic and political backgrounds of the populace, and their insights allow them to propose amendments that address nationwide issues effectively. This representation can bridge regional disparities and align legislative priorities with national interests, fostering comprehensive solutions to long-standing problems such as the Mindanao conflict and rural economic development .

Amendments or revisions to the Constitution may be proposed by the Congress, either by a vote of three-fourths of all its Members or through a constitutional convention called by a two-thirds vote of all its Members or by majority vote submitting it to the electorate. Additionally, amendments can be directly proposed through a people's initiative with the petition of at least twelve percent of registered voters from each legislative district. The amendment process requires subsequent ratification by a majority vote in a plebiscite .

The 1987 Philippine Constitution reflects the interests of constituencies through its members who hold varied insights into the socio-economic and political needs of their regions. This representation ensures that proposed amendments or revisions take into account these diverse interests, aiming to address broader national issues such as the Mindanao conflict and socio-economic development. By enabling Congress to propose constitutional changes, the structure is designed to leverage the collective expertise and perspectives of its members to effectively address national concerns .

The call for constitutional amendments or revisions in the Philippines seeks to address various socio-economic and political issues, including providing a long-term solution to the decades-old conflict in Mindanao and enhancing regional economic development. These reforms aim to create more equitable wealth distribution and promote regional stability and growth. The need for constitutional refinement is justified by the outdated nature of some provisions which do not adequately address contemporary national challenges .

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