Amendments and Revisions

1. Amendment to or revision of the constitution may be proposed by:

a. Congress (Con-Ass) upon the vote of of its members
b. Constitutional convention may be called for by a 2/3 vote of all its members, or
alternatively, by a majority vote, submit the question of calling a Con-Con to the electorate.
Valid, if ratified by majority of votes cast in a plebiscite held not earlier than 60 days nor later
than 90 days after the approval of such amendment or revision.
2. Amendment vs Revision:
Amendment broadly refers to a change that adds, reduces or deletes without altering the
basic principles involved.
Revision discuss under social contract theory
3. Quantitative Test vs Qualitative Test
Quantitative asks whether the proposed change is so extensive in its provisions as to change
directly the substantial entirety of the constitution by the deletion or alteration of numerous
existing provisions. The court examines only the number of provisions affected and does not
consider the degree of the change.
Qualitative whether the change will accomplish such far reaching changes in the nature of our
basic governmental plan as to amount revisions. Change in its fundamental framework or the
fundamental powers of its branches.
4. Peoples initiative Amendments only. Requirements:
a. Petition of at least 12% of the total number of registered voters
b. Of which every legislative district must be represented by at least 3% of the registered
voters therein
c. No amendment may be proposed within 5 years from the ratification of the Constitution nor
oftener than once every 5 years thereafter
Valid, if ratified by majority of votes cast in a plebiscite held not earlier than 60 days nor later
than 90 days after the certification by the COMELEC of the sufficiency of the petition.
5. Any Filipino can prepare the proposal and pass it around for signature.
6. Essential requisites:
a. The people must author and thus sign the entire proposal. No agent or representative can
sign on their behalf
b. The proposal must be embodied in the petition

Gonzales vs COMELEC
1. The power to amend the constitution or to propose amendments thereto is not included in the
general grant of legislative powers to Congress.
2. It is part of the inherent powers of the people as the repository of sovereignty in a republican
state to make and to amend their own Fundamental Law.
3. Congress may propose amendments to the Constitution merely because the same explicitly
grants such power.
4. It is said that Senators and members of HOR act, as members of Congress, but as component
elements of constituent assembly. Members of congress derive their authority from the
constitution.
5. The people, does not emanate from the constitution they are the very source of all powers of
government, including the constitution itself.
6. The title of a de facto officer cannot be attacked collaterally. It may not be contested except
directly, by a quo warranto proceeding.
7. Congress ay either propose amendments to the constitution or call a convention for that
purpose or both.
8. The issue is a justiciable question. It must be noted that the power to amend as well as the power to
propose amendments to the Constitution is not included in the general grant of legislative powers to
Congress. Such powers are not constitutionally granted to Congress. On the contrary, such powers are
inherent to the people as repository of sovereignty in a republican state. That being, when Congress
makes amendments or proposes amendments, it is not actually doing so as Congress; but rather, it is
sitting as a constituent assembly. Such act is not a legislative act. Since it is not a legislative act, it is
reviewable by the Supreme Court. The Supreme Court has the final say whether or not such act of the
constituent assembly is within constitutional limitations.
9. There is no prohibition to the effect that a plebiscite must only be held on a special election. SC held that
there is nothing in this provision of the [1935] Constitution to indicate that the election therein referred
to is a special, not a general election. The circumstance that the previous amendment to the Constitution
had been submitted to the people for ratification in special elections merely shows that Congress deemed
it best to do so under the circumstances then obtaining. It does not negate its authority to submit
proposed amendments for ratification in general elections.