On amendments or revisions of the Constitution

Give me the ways you can revise the Constitution

Constituent Assemblies (Congress) — Constitutional Convention — Initiative & referendum

How many votes of all members is required for a Constituent Assembly to have valid amendments?

¾ vote of all its

members [Sec. 1]

How many votes of all members is required for a Constitutional Convention to be called?

• 2/3rds of all the members of the members of Congress are needed to call a Constitutional Convention

• By a majority vote of Congress, the question of calling a con-con will be submitted to the electorate

How can an initiative & referendum be called?

12% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein.

When are the changes made of a Constituent Assembly and a Constitutional Convention 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.

When is an amendment 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 COMELEC of the sufficiency of the petition

Based on Lambino v. COMELEC, what is the defintion of an amendment vs revision?

Basically
An amendment creates a alteration to a specific and seperable provision — qualitatively, it doesn’t alter the nature of our basic government plan and does not fundamentally change the power of the government’s branches. —> Ex. Qualifications, dates, ages. These can be changed without substantially changing other provisions

A revision creates a complete overhaul of the the entire system —> Anything that changes the form of government for example (bicameral —> Unicameral)

Can you make a revision to the Constitution by initiative and referendum?

No, you can only do amendments to the Constitution via this mode.

A people’s initiative needs what additional requirements beyond the 12% of all registered voters, and 3 of the registered voters in each legislative district?

Certification by COMELEC of the sufficiency of the petition.

How does Congress vote vis a vis the creating new revisions?

No SC decision, but Dean Tony believes it is through the 2 houses voting separately — because Congress is BICAMERAL

What is a De Facto v De Jure governments?

A Defaco government is one accepted broadly by the people, without a real election and a real constitution

A De Jure government is one that is legally recognized because it falls under a new constitution that was ratified.

Give me the case of Lawyers League v Aquino

[The people] have accepted the government of President Corazon C. Aquino which is in effective control of the entire country so that it is not merely a De Facto government but is in fact and law a De Jure government. Moreover, the community of nations has recognized the legitimacy of the present governme

3 kinds of De Facto Governments

3 Kinds of De Facto Governments (Bernas)

1. The government that gets possession and control of, or usurps, by force or by the voice of the majority, the rightful legal government and maintains itself against the will of the latter

2. The government that is established and maintained by military forces who invade and occupy a territory of the enemy in the course of war, and which is denominated a government of paramount force

3. The independent government established by the inhabitants of a country who rise in insurrection against the parent state

Once a government is a de jure government, are its actions valid?

Yes, there is a new constitutional order which the government draws its power from, which drew its consent from the people