What Constitution are we changing?

The 1987 Constitution, drafted by a Constitutional Commission formed by former

president Corazon Aquino after the 1986 EDSA revolution. This is the Constitution in
effect today. Aquino had a choice to rule under the 1973 Constitution after she was
installed as president, but chose to abrogate the very same document that helped
facilitate the declaration of martial law.

In effect, the 1987 Constitution — evident in its provisions limiting the declaration of
martial law, among others — is a direct response against Marcosian dictatorship and
tyranny.

Under the 1987 Constitution, government is presidential, and is divided into three
branches: executive (led by the president), legislative (comprised of Congress), and
judiciary (led by the Supreme Court). Congress is bicameral, meaning there are two
Houses involved in passing laws: the Senate and House of Representatives.

There have been calls for Constitutional change (or charter change, more known as ‘cha-cha’)
as early as Fidel Ramos’ administration, which succeeded Aquino’s. The call right now is to shift
the form of government to a federal government, one where power in the national government is
shared with smaller, local governments, with local governments granted more autonomy.

What do changes to the Constitution look like?

Proposals may come in the form of (a) amendments or (b) revision. The two significantly
differ from each othe

Amendment is “an alteration of one or few specific and separable provisions,” thus
entailing a Constitutional change that does not affect the whole document. An example
would be a provision added to allow same-sex marriage in the Philippines or to clearly
prohibit discrimination against the LGBTQIA+ and other minorities.

Revision, on the other hand, may involve rewriting the Constitution anew, or major
changes that cannot be implemented without affecting the provisions of the Constitution
as a whole. The most relevant example is the shift to another type of government, such
as federal.

Where does the power to change the 1987 Constitution come from?
The sovereign Filipino people. The Constitution provides the procedure and limitations for
changing it, but this is a power conferred to it by the people, consistent with the preamble of the
Constitution: “We, the sovereign Filipino people … do ordain and promulgate this Constitution.”
Changes to the Constitution are only valid and effective if ratified or approved by the people.
Who initiates changes in the Constitution?
Congress. The Congress may either convene as a constituent assembly (‘con-ass’) or call for a
separate constitutional convention (‘con-con’) to propose the amendment or revision of the
Constitution.

Who will draft and discuss the proposed changes?

Three possible entities: (a) Congress, (b) specially elected delegates called a
‘constitutional convention,’ or (c) the people.

Is there a limit to what we can change from the 1987 Constitution?

Bernas, citing Planas v. Comelec, states one possible limitation: any proposal
must not contravene jus cogens norms, or norms accepted and recognized by an
international community of States, from which no derogation is allowed and which can
be modified only by subsequent norms of general international law of the same
character.

Jus cogens norms include the prohibition of the use of force between states, the
prohibition of slavery, racial discrimination, torture and genocide, and the peoples’ right
to self-determination.