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Articte XVII
AMENDMENTS OR REVISIONS

SECTION 1. Any amendment to, or revision of, this Consti-

tution may be proposed by:
(l) The Congress, upon a vote of three-fourths of all its
Members; or
(2) A constitutional convention.

Amendment and revision distinguished. ---

Both denote a change in the Constitution. But w,hiYe{i;;;~ndment is a
change effected in some_..P.arl"SOf the Constitution withoul considedh{(tne
whole document><.r.edsi~n 1 is a re-writing or substantial changing in the
Constitution viewed in its entirety.2

Importance of the amending procedure.

(1) Mechanism for responding to cha!l.ging condition.B . -No Constitu-
tion, however gifted its framers , i1> likely U> prove adequate for an indefinite
period. There are problems that no human foresight can anticipate. As
conditions are never static, so must the fundamental law be fre ed from the
constraint of rigidity. While it is r educed to writing, it should not be devoid
of the element of flexibility. Thus, a well-written charter must not only
safeguard individual rights and organize the government but indicate how
it may be amended 3 in order to make it r esponsive to changing economic,
social, and political conditions.
(2). A safe_ty ualue against ~~~Qr.t to rev.olution.. - Not much reflection is
needed to show that without an amending process, the only alternative to

' In the 1935 Charter, there was no provision for a revision of the Constitution. It
provided oniy for amendment which, howe ver, was interpreted to include revision. (see
Occeiia vs. Comelec, 104 SCRA 1, April 2, 1981.) TheTe was n o provi!'ion fixing the date for
h olding the plebiscite.
2
~ . A Gonza les, op. cit., p. 71.
·see Justice (la ter Chief Justice) E.M. Fernan do, "The Bill of Rights" (1972 ed.l, pp. 38-
39.

508
Sec. 2 ART. XVII. - A~fENDME NTS OR RE \"ISIO~ ~ 509

bring about the necessary changes would be through r evolution. In this

way, the article on amendments provides a safety valve. 4

Methods by whlch amendments or revision

may be proposed.
Sections 1 and 2 prescribe three (3) methods for proposing any am~ ;.d ­
ment to, or revision of the Constitution, namely:
( 1) By Congress, as a constituent assembly, upon a vote of thrt-.::·
fourths of all its members · Sec. l[a].), votintf
. /
separately;. 5
~) By a consti:utioca! com·ention p'cilled for t he purpose (Sec. 1[2]. : or
(.3) By the people directly, through initiative upon petition of the re-·
quired number of regi$tere-d Yoters. (Sec. 2, par. L l
It is to be noted that the vote requirement is more stringent if the
amendments are proposed by Congress itself. This is to insure more delib-
erations and deeper study and con sideration of the merits of the proposed
changes to the fundamenta l law.

SEC. 2. Amendments to this Constitution may likewise b e

directly proposed by the people through initiative upon a peti·
tion of at least twelve per centu" of the total number of regis·
t ered voters, of which every legislative district must be r epre-
sented by at least !_~e per e:entum 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 right.

Amendments proposed by the people

through initiative.
Sections 2 and 4 (par . 2. ' enshrined for the first time the "pe~l e power"
to effect changes in the fundamental law. Under the concept of initiative
{see Art. VI , Sec. 32.), the people may directly propose amendments to the
Cons titution should Congress be remiss in its duty under the two (2)
traditional modes available to it.
(1) Requirements.- They are as follows:

'See Justice- (later Chief Justice • E.M. Fernando, "The Constitution of the Philippines,"
(1974 ed .), p. 23.
6 Unlike the 1935 Constitu t ion !Art. XV, See. 1 thereof. ), Section 1 does nnt mention

Congress having to convene in "joint session assembled" for the purpose of proposing consti-
tutional amendments. Still Congress a cts as a constituent body when it proposes amend·
ments to the Constitution although it mee ts a nd votes separately.
510 TEXTBOOK ON THE PHILIPPINE CONSTITUTION Sec. 3

(a ) There must be a petition of at least.l2% of the total number of

registered voters;
(b) Every legislative district must be r epresented by at least, 3% of
the registered voters thereof; and -
(c) The amendment through initiative is not made within five (5)
years following the ratification of this Constitution nor oftener tli"an
once every five (5) years thereafter .
(2) Minimum percentage of electorate. - O nce the r equired number of
voters' signatures is complied with, Congress is bound to submit the pro-
posed amendments to the people in a plebiscite. (Sec. 4, par. 2.) The
implementing law will have t o pro\i de a system of verification of· the
signatures. Note that the minimum percentage of the electorate must be
satisfied both on the national and district levels. ,..Thus, if a legislative
district is represented by only 29i: of the registered voters thereof, t he
power of initiative cannot be exercised although the petition is signed by
more than 12% of the total number of registered voters.
These requirements are designed to ensure that a sizeable portion of
the population really desire to propose the amendment and at the same
time avoid frequent changes in the fundament al law which are not condu-
cive to political stability.
(3) Deferment. - The deferment is provided to give Congress sufficient
time to create and refine the mechanism for implementing the third mode
of proposing constitutional a mendments. Congress is required to provide
by law for the implementation of the exercise of the right. (Sec. 2. )
(4 ) Initiative limited to amendm ents. - Note that the Constitution
.limits the people's initiative to me re "'amendments" or simple changes, a nd
r eserves "revision s" or major changes fe.g., from presidential to parliamen -
tary, from bicamera l to unicameral) for a constituent assembly or a consti-
tutional convention.

SEC. 3. The Congress m ay, 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.

Methods by which a constitutional

convention may be called.
A constitutional convention may be called for the purpose of proposing
an amendment to, or revision of, the Constitution in two ways, namely:
(1) Congress by two-thirds vote of all its members may call a constitu-
tional convention; or
(2) Congress by a majority vote of all its members (in case neither the
3/4 nor. 2/3 vote can be mustered) may toss the ques tion to ca ll a constitu-
tional convention to the electorate in an election. {Sec. 3.) The question
Sec. 4 ART. XVII. - AMENDMENTS 0}{ REVISIONS 511

shall be decided by the majority of the votes cast in the corresponding

plebiscite. (see Sec. 4, par. l.l
There was no provision in the 1935 Constitution regarding this alterna-
tive of submitting to the electorate the question of calling such a convention.

Meaning of constitutional convention.

AcQnstitutional conventionjs a body assembled for the express purpose
of framing a ConstitutioTI;Or revising th.~. exi.sti~C'Jnstitution, or fornm-
lating amendments to itl for the approval of the electorate. Being t he direct
representative of the people vested with the authority to draft the funda-
mental law of the State, its members have to be elected by the qualified
voters. 2

Constitution drafted by an appointive

Constitutional Commission.
The present Constitution was drafted by a Commission created under
Article V of the Provisional Constitution promulgated under Procll'l.mation
No. 3 issued by the President on March 25, 1986. Its members were ap-
pointed by the President pursuant to Proclamation No.9 issued on April23,
1986, "the law governing the Constitutional Commission of 1986." (see
Introduction-E.) The Provisional Constitution abolished the Batasang
Pambansa, the then legislative body, and vested in the President, as head
of the revolutionary government, full legislative powers. The power of the
President to create the Constitutional Commission and appoin t its mem·
bers was r ecognized since it was never questioned in court.
During the period of martial law, the President himself proposed the
approved amendments to the 1973 Constitution which were submitted to
the people for ratification.
The Constitutional Commission of 1986, by the nature of its functions,
was no different from a constitutional convention with elected members,
and it, therefore, possessed the same statu s and powers. (see Introduction-
E .)

SEC. 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 -.fnety days after the approval of
such amendment or revision.
Any amendment under Section 2 hereof shall be valid when
ratified by a m~ority of the votes cast in a plebiscite which shall

1 V.G. Sinco, op. cit., p. 43.

2Ibid., p. 50.
51 2 TEXTBOOK ON THE PHIU PPI NE CONSTITUTION Sec. 4

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.

Ratification by the people.

Rqtif'ication means the direct approval by the people of the amendment
to, or re vision of, the Constitution . It is the final a ct t o make a ny change in
the Constitution valid as part thereof. This power of ratification upholds
the principle that "sovereign ty r esides in the people." (Ar t. II, Sec. 1.)
In order that the amendment or r e\"ision proposed by Congress or by a
constitutional convention or by the people thr ough initiative may be valid
as part of the Constitution, the same must be ratified by a majority of the
votes cast in a plebiscit e (see Art. V, Sec. 1. ) called for t he purpose.
The plebiscit~ must be held not ea rlier than 60 days nor later than 90
days after the a pproval of such amendment or r evision or certifi cation of
the Commission on Elections of the sufficiency of the petition, as the ca se
may be . (Sec. 4.) The minimum period of 60 days is deemed adequa te to
provide the voters sufficient infor mat ion a nd time for intelligent considera-
tion or study of the proposed change or revision . The constituent body may
fix t he date within t he period prescribe d when the people may act. The time
limit of 90 days prevents undue delay in the holding of the plebiscite. I

- cOo -

1
The suffici ency of the period dur i ng whi ch a mendments ar e s ubmjtted to the people
before they vot e either to a ffirm or r eject depends on the complexity and intricacy of t he
que~tions presented. (Al mario vs. Alba, 127 SCRA 69, Jan. 25, 1984.)