Constitutional Law Article 16 Reviewer

ARTICLE XVII AMENMENTS OR REVISIONS Purpose: provides for the manner of proposing, submitting and ratifying amendments and its revisions. Section 1. Amendment or Revision AMENDMENTS -Amendments alters of one or a few specific and separable provisions -The original intention of an amendment is to improve specific parts or to add no conditions or to suppress specific portions that may have become obsolete or that are adjudged to be dangerous. REVISIONS -This may involve the rewriting of the Constitution. -Its original intention and plan contemplates a re-examination of the entire document or of provisions of the document which have over-all implications for the entire document to determine how and to what extent they should be altered. RESULT: NOT a fundamentally new character BUT it would be “A new renovated house built on the sovereign structure if the old” SOVEREIGN STRUCTURE - it is the amendatory and revision process originally sealed with the approval of the sovereign people THUS, The process prescribed is called “Constitution of Sovereignty”-defines the constitutional meaning of sovereignty of the people Written Constitution is Susceptible to Change in Two Ways: Revision- implies action pursuant to some procedural provision in the constitution. Revolution- implies action not pursuant to any provision of the constitution itself usually a change made dehors (not included in) the constitution and made by the sovereign people (extra-constitutional) and this severs link between old and new constitution Section one indicates: -that the Philippines has adopted a rigid type of Constitution

-It identifies legal sovereignty as residing in the people, since only a direct act of the people can finally effect a change in the Constitution. TWO DISTINCT STEPS IN THE PROCEDURE 1. Proposal of amendments or revision 2. Ratification of the proposed amendments or revision (The Constitution is silent about the method and since the amendatory process has been committed to Congress, should be free to choose whichever method it prefers.) Section 2. Initiative Another way to propose amendments to the Constitution is through “Initiative” and later a “referendum” to ratify or reject the proposal. (only amendments can be proposed through initiative NEVER a revision). INITIATIVE is a means by which a petition signed by a certain minimum number of registered voters can force a public vote (referendum, sometimes called a plebiscite). REFERENDUM a general vote by the electorate on a single political question that has been referred to them for a direct decision. Section 3 Constitutional Convention 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. Ratification *contains two rules for ratification of amendments or revision corresponding to the ordinary mode of proposal (through congress or constitutional convention ) or through initiative (Section 2). plebiscite is held: The time whether change is proposed by a constituent body or initiative is the same “not earlier than sixty days nor later than ninety days”

They differ from starting points for waiting: Paragraph one (revision/amendment as the constitution prescribes): starts from the approval of such an amendment or revision Paragraph two (extra-constitutional revolution/ amendment through initiative): from the Certification by the Commission on Elections of the sufficiency of the petition. Date of effectivity: Section 4 states that any amendment or revision shall be valid when ratified. Thus the date of effectivity is the same as the date of ratification (the day on which the votes are cast). UNLESS the amendments themselves might specify otherwise.