AMENDMENTS OR REVISION
Submitted to: Section 3. The Congress may, by a vote of two-thirds of all its
Atty. Dianna Louise R. Wilwayco Members, call a constitutional convention, or by a majority vote
of all its Members, submit to the electorate the question of
December 02, 2017 calling such a convention.
Amendment
Envisages an alteration of one or a few specific and
separable provisions.
To improve specific parts or to add new provisions Revisions may be proposed by:
deemed necessary to meet new conditions or to suppress 1. The Congress upon a 3/4 vote of all members
specific provisions that may be have become obsolete 2. Constitutional Convention
* Revolution - a change in the constitution that implies action *The provision says nothing about a joint sessions, but
not pursuant to any provision of the constitution itself according to Fr. Bernas, what is essential is that both Houses
vote separately; the power to propose an amendment was given
Three (3) steps necessary to give effect to amendments and not to a unicameral body but to a bicameral body
revisions:
1. Proposal of amendments or revisions by the proper Initiative
constituent assembly; Method whereby the people themselves can directly
2. Submission of the proposed amendments or revisions; propose amendments to the Constitution
and Can only propose amendments
3. Ratification
Judicial Review
Amendments may be proposed by: While the substance of the proposals made by each type
1. The Congress upon a 3/4 vote of all members of constituent assembly is not subject to judicial review
2. Constitutional Convention (exception is that a constituent assembly may not
3. by the people through initiative upon a petition of at propose anything that is inconsistent with what is
least twelve per centum of the total number of registered known, particularly in international law, as Jus Cogens),
voters, of which every legislative district must be the manner the proposals are made is subject to judicial
represented by at least three per centum of the registered review.
voters therein Proposal of amendments is not political but a justiciable
question subject to judicial review.
On August 24, 1970, Congress, acting as a legislative body,
Jus Cogens - peremptory norm of international law; a norm enacted Republic Act No. 6132, implementing Resolutions Nos.
accepted and recognized by the international community which 2 and 4, and expressly repealing R.A. No.
no derogation is permitted and can only be modified by a 4914.
subsequent norm
Petitions for declaratory relief were filed pursuant to Sec. 19 of
IMBONG V COMELEC R.A. No. 6132 by petitioners Manuel B. Imbong and Raul M.
Gonzales, both members of the Bar, taxpayers and interested in
Facts running as candidates for delegates to the Constitutional
On March 16, 1967, Congress, acting as a Constituent Assembly Convention. Both impugn the constitutionality of R.A. No.
pursuant to Art. XV of the Constitution, passed Resolution No. 6132, claiming during the oral argument that it prejudices their
2 which among others called for a Constitutional Convention to rights as such candidates.
propose constitutional amendments to be composed of two
delegates from each representative district who shall have the Issue
same qualifications as those of Congressmen, to be elected on W/N RA No. 6132 is constitutional
the second Tuesday of November, 1970 in accordance with the
Revised Election Code. Ruling
Yes.
Congress, acting as a legislative body, enacted Republic Act No. The Court upholds the constitutionality of the enactment of R.A.
4914 implementing the aforesaid Resolution No. 2. No. 6132 by Congress acting as a legislative body in the
On June 17, 1969, Congress, also acting as a Constituent exercise of its broad law-making authority, and not as a
Assembly, passed Resolution No. 4 amending the aforesaid Constituent Assembly, because:
Resolution No. 2 by providing that the convention "shall be
composed of 320 delegates apportioned among the existing 1. Congress, when acting as a Constituent Assembly
representative districts according to the number of their pursuant to Art. XV of the Constitution, has full and
respective inhabitants: Provided, that a representative district plenary authority to propose Constitutional amendments or
shall be entitled to at least two delegates, who shall have the to call a convention for the purpose, by a three-fourths vote
same qualifications as those required of members of the House of each House in joint session assembled but voting
of Representatives." separately. Resolutions Nos. 2 and 4 calling for a
constitutional convention were passed by the required three-
fourths vote.
after calling a constitutional convention, Congress, acting as
2. The grant to Congress as a Constituent Assembly of such a legislative body, can enact the necessary implementing
plenary authority to call a constitutional convention legislation to fill in the gaps, which authority is expressly
includes, by virtue of the doctrine of necessary implication, recognized in Sec. 8 of Res No. 2 as amended by Res. No.
all other powers essential to the effective exercise of the 4.
principal power granted, such as the power to fix the
qualifications, number, apportionment, and compensation 5. The fact that a bill providing for such implementing
of the delegates as well as appropriation of funds to meet details may be vetoed by the President is no argument
the expenses for the election of delegates and for the against conceding such power in Congress as a legislative
operation of the Constitutional Convention itself, as well as body nor present any difficulty; for it is not irremediable as
all other implementing details indispensable to a fruitful Congress can override the Presidential veto or Congress can
convention. Resolutions Nos. 2 and 4 already embody the reconvene as a Constituent Assembly and adopt a resolution
above-mentioned details, except the appropriation of funds. prescribing the required implementing details.
This theory is based upon the fact that the two (2) alternatives There is in this provision nothing to indicate that the “election”
are connected in the Constitution by the disjunctive “or.” Such therein referred to is a “special,” not a general, election. It does
basis is, however, a weak one, in the absence of other not negate its authority to submit proposed amendments for
circumstances— and none has brought to our attention — ratification in general elections.
supporting the conclusion drawn.
They do not deny the authority of Congress to choose either
It is, also, noteworthy that R. B. H. Nos. 1 and 3 propose alternative, as implied in the term “election” used, without
amendments to the constitutional provision on Congress, to be qualification, in the abovequoted provision of the Constitution.
submitted to the people for ratification on November 1A, 1967, Such authority becomes even more patent when we consider:
whereas R. B. H. No. 2 calls for a convention in 1971, to (1) that the term “election,” normally refers to the choice or
consider proposals for amendment to the Constitution, in selection of
candidates to public office by popular vote; and (2) that the Section 1 of Article V of the Constitution was about the voting
word used in Article V of the Constitution, concerning the grant age.
of suffrage to women is, not “election,” but “plebiscite.”
Petitioner then argued that under Section 1, Article XV of the
Would the Submission now of the Constitution (now Article XVII), the proposed amendment in
Contested Amendments to the People Violate the question cannot be presented to the people for ratification
Spirit of the Constitution? separately from each and all of the other amendments to be
drafted and proposed by the Convention.
It should be noted that the contested Resolutions were approved
on March 16, 1967, so that, by November 14, 1967, our Respondents and intervenors posit that the power to provide for,
citizenry shall have had practically eight (8) months to be fix the date and lay down the details of the plebiscite for the
informed on the amendments in question. ratification of any amendment the Convention may deem proper
to propose is within the authority of the Convention as a
We are not prepared to say that the taken measures are palpably necessary consequence and part of its power to propose
inadequate to comply with the constitutional requirement that amendments and that this power includes that of submitting
proposals for amendment be “submitted to the people for their such amendments either individually or jointly at such time and
ratification,” and that said measures are manifestly insufficient. manner as the Convention may direct in discretion.
Section 8. Until otherwise provided by the Congress, the Section 11. The incumbent Members of the Judiciary shall
President may constitute the Metropolitan Authority to be continue in office until they reach the age of seventy years or
composed of the heads of all local government units comprising become incapacitated to discharge the duties of their office or
the Metropolitan Manila area. are removed for cause.
Metropolitan Authority Security of Tenure of judges
Intended to rescue the Metropolitan Manila “All elective and appointive officials and employees
Administration which would effectively be terminated under the 1973 COnstitution shall continue office until
by the election of the local officials under Article XVIII, otherwise provided by proclamation or executive order
Section 1 or upon designation or appointment and qualification of
Indicate that the authority of President to constitute their successors, if such is made within a period of 1
Metropolitan Authority was limited to period when year from February 25,1986.” (Art III,Sec 2,
Congress has not yet convened. Proclamation No. 3)
Such proclamation, therefore would have applied to
members of judiciary until February 25,1987.
What Section 11 does is to remove applicability of
Proclamation No. 3 to all members of the judiciary and Term of carry over commissioners
apply to them instead the rules on Security of Tenure in Gave the term of 1 year from the date of ratification of
Art VIII, Sec 11. constitution and at the same time gave the president
authority during the same period to replace them or give
Section 12. The Supreme Court shall, within one year after the them regular appointments.
ratification of this Constitution, adopt a systematic plan to During that period, they would be occupying the first
expedite the decision or resolution of cases or matters pending year of term of those who would subsequently be
in the Supreme Court or the lower courts prior to the effectivity appointed thereby reducing tenure of subsequent
of this Constitution. A similar plan shall be adopted for all appointees.
special courts and quasi-judicial bodies. In no case shall any member serve longer than 7 years
including service before ratification of this constitution.
Section 13. The legal effect of the lapse, before the ratification
of this Constitution, of the applicable period for the decision or Section 16. Career civil service employees separated from the
resolution of the cases or matters submitted for adjudication by service not for cause but as a result of the reorganization
the courts, shall be determined by the Supreme Court as soon as pursuant to Proclamation No. 3 dated March 25, 1986 and the
practicable. reorganization following the ratification of this Constitution
shall be entitled to appropriate separation pay and to retirement
Section 14. The provisions of paragraphs (3) and (4), Section 15 and other benefits accruing to them under the laws of general
of Article VIII of this Constitution shall apply to cases or application in force at the time of their separation. In lieu
matters filed before the ratification of this Constitution, when thereof, at the option of the employees, they may be considered
the applicable period lapses after such ratification. for employment in the Government or in any of its subdivisions,
instrumentalities, or agencies, including government-owned or
Section 15. The incumbent Members of the Civil Service controlled corporations and their subsidiaries. This provision
Commission, the Commission on Elections, and the also applies to career officers whose resignation, tendered in
Commission on Audit shall continue in office for one year after line with the existing policy, had been accepted.
the ratification of this Constitution, unless they are sooner
removed for cause or become incapacitated to discharge the Career Civil Service Officers
duties of their office or appointed to a new term there under. In Recognize that Proclamation No. 3 authorized
no case shall any Member serve longer than seven years reorganization of civil service and that after ratification
including service before the ratification of this Constitution.
of new constitution, reorganization might likewise still Section 18. At the earliest possible time, the Government shall
be necessary increase the salary scales of the other officials and employees of
Sec 16 is not a remedy for arbitrary removal of civil the National Government.
servants enjoying security of tenure
Sec 16 → some form of relief for members of career the low salary of high ranking officials serve as the a cap
civil service who may have been or may be legally but on the possibility of the upward movement of the salary
involuntarily reorganized out of service or may have of lower officials
voluntarily resigned pursuant to reorganization policy lower officials positions need more study that is why it
is left to ordinary legislation but with command of it
Section 17. Until the Congress provides otherwise, the President being done at the earliest possible opportunity
shall receive an annual salary of three hundred thousand pesos;
the Vice-President, the President of the Senate, the Speaker of Section 19. All properties, records, equipment, buildings,
the House of Representatives, and the Chief Justice of the facilities, and other assets of any office or body abolished or
Supreme Court, two hundred forty thousand pesos each; the reorganized under Proclamation No. 3 dated March 25, 1986 or
Senators, the Members of the House of Representatives, the this Constitution shall be transferred to the office or body to
Associate Justices of the Supreme Court, and the Chairmen of which its powers, functions, and responsibilities substantially
the Constitutional Commissions, two hundred four thousand pertain.
pesos each; and the Members of the Constitutional
Commissions, one hundred eighty thousand pesos each. Section 20. The first Congress shall give priority to the
determination of the period for the full implementation of free
Emphasizes on the independence of the Central public secondary education.
Monetary Authority from all sectors, local, or foreign,
and more importantly, from the executive department Section 21. The Congress shall provide efficacious procedures
majority of the members mandated to be from the and adequate remedies for the reversion to the State of all lands
private sector; natural-born Filipino; and known for of the public domain and real rights connected therewith which
probity, integrity, and patriotism were acquired in violation of the Constitution or the public land
subject to such other qualifications as may be provided laws, or through corrupt practices. No transfer or disposition of
by law such lands or real rights shall be allowed until after the lapse of
NOT same status as to ConCom one year from the ratification of this Constitution.
idea is that during the Marcos regime, lands of public those not developed directly to any crop or to any
domain and real rights connected with them had been definite economic purpose for at least one year prior to notice
transferred either in violation of the constitution and but which used to be devoted or were suitable for such crop, but
other laws or through “corrupt practices” not lands devoted permanently or regularly to other essential or
rules of court provide for escheat and reversion as a more productive purposes
remedy aka reivindicatory action/ accion reivindicatoria RA 3844 did not provide for expropriation, only for
this provision stresses the need for a substantive law to temporary planting
be made on that particular subject Section 22 provides for expropriation
second sentence stresses that the Constitution enables
the government to follow the property even if it had Section 23. Advertising entities affected by paragraph (2),
already been acquired by a transferee in good faith Section 11 of Article XVI of this Constitution shall have five
years from its ratification to comply on a graduated and
Section 22. At the earliest possible time, the Government shall proportionate basis with the minimum Filipino ownership
expropriate idle or abandoned agricultural lands as may be requirement therein.
defined by law, for distribution to the beneficiaries of the
agrarian reform program. Art. XVI, Section 11 (2) imposes a 70-30 Filipino-
Foreign equity ratio on all advertising entities.
noted at the deliberations how there was 183K hectares Section 23 which is to provide for a period of adjustment
of idle and abandoned lands in order to accommodate agencies which may have
(RA 3844) ABANDONED LANDS- those devoted to Filipino equity as low as zero. (Monsod).
any crop but which were not utilized by the owner for To implement this, no legislation is needed.
his benefit for five years prior to notice, except when This section is ready for implementation by proper
non, utilZiation was due to reasons force majeure or regulatory agency.
other fortuitous event.
IDLE LANDS- those not developed directly to any crop Section 24. Private armies and other armed groups not
or to any definite economic purpose for at least one year recognized by duly constituted authority shall be dismantled.
prior to notice but which used to be devoted or were All paramilitary forces including Civilian Home Defense Forces
suitable for such crop, but not lands devoted not consistent with the citizen armed force established in this
permanently or regularly to other essential or more Constitution, shall be dissolved or, where appropriate, converted
productive purposes into the regular force.
QUESTION : WHAT ARE IDLE LANDS?
Original proposal of the Committee:
“All armed groups and paramilitary forces now existing Foreign Military Bases, Troops, or Facilities
outside of the regular police and armed forces shall be Not intended to foreclose the issue of validity or invalidity
dismantled.” of the existing RP-US Military Bases Agreement.
Should not prevent the government from rejecting the
Armed Groups - Private armies and fanatical groups treaty under the principle of rebus sic stantibus, if
applicable, or from having it declared void ab initio.
Paramilitary Forces - Intended to include the CHDF (Civilian
Home Defense Forces) under the operational control of the The Visiting Forces Agreement
Ministry of National Defense Allow American military personnel to enter the
Philippines on a temporary basis for training purposes.
First Sentence: categorically commands the dismantling of Raised two important questions:
private armies and other armed groups not recognized by duly Although the agreement would not entail the
constitute authorities. This had reference particularly to the permanent basing of a foreign military force, did the
private armies of political or economic warlords or of fanatical agreement require a treaty? (YES)
sects. Whether the phrase “recognized as a treaty by the
other contracting State” required that the treaty be
Second Sentence: Alternative command regarding existing concurred in by the United States Senate (NO)
paramilitary forces under the authority of government. If found
inconsistent with the citizen armed force established in this Section 26. The authority to issue sequestration or freeze orders
constitution, they should either be dissolved or converted into under Proclamation No. 3 dated March 25, 1986 in relation to
the regular force. the recovery of ill-gotten wealth shall remain operative for not
more than eighteen months after the ratification of this
Section 25. After the expiration in 1991 of the Agreement Constitution. However, in the national interest, as certified by
between the Republic of the Philippines and the United States of the President, the Congress may extend said period.
America concerning Military Bases, foreign military bases,
troops, or facilities shall not be allowed in the Philippines A sequestration or freeze order shall be issued only upon
except under a treaty duly concurred in by the Senate and, when showing of a prima facie case. The order and the list of the
the Congress so requires, ratified by a majority of the votes cast sequestered or frozen properties shall forthwith be registered
by the people in a national referendum held for that purpose, with the proper court. For orders issued before the ratification of
and recognized as a treaty by the other contracting State. this Constitution, the corresponding judicial action or
proceeding shall be filed within six months from its ratification. Sequestration or freeze order is deemed automatically
For those issued after such ratification, the judicial action or lifted if no judicial action or proceeding is commenced
proceeding shall be commenced within six months from the as herein provided.
issuance thereof.
Subsequent jurisprudence on sequestration
The sequestration or freeze order is deemed automatically lifted Power given to PCGG as obviously and imperatively
if no judicial action or proceeding is commenced as herein needed “provisional measures to prevent the
provided. concealment, disappearance, destruction, dissipation, or
loss of assets and properties subject of suits or to restrain
Sequestration orders or foil acts that may render moot and academic or
Art II, Sec 1 (d) of Proclamation No. 3 had given to the effectively hamper, delay or negate efforts to recover the
President the power to recover ill-gotten properties same
amassed by the leaders and supporters of the
sequestration or freezing of assets and accounts. 3 provisional remedies
Pursuant to such power, President created the 1. Sequestration
Presidential Commission of Good Government (PCGG) To place or cause to be placed under its possession or
and conferred upon it the powers of sequestration. control said property or any building or office wherein
any such property and any records pertaining thereto
Limits on the power of sequestration may be found, including business enterprises and
Only upon prima facie case entities.
Order and list of the sequestered or frozen properties 2. Freeze Order
shall forthwith be registered with proper court Prohibits the person having control of property alleged
For orders issued before the ratification of this to constitute “ill-gotten wealth” from transferring,
constitution conveying, encumbering, or otherwise depleting or
Corresponding judicial election or proceeding shall be concealing such property or from assisting or taking part
filed within 6 months from its ratification in its transfer, encumbrance, concealment or dissipation.
For those issued after such ratification 3. Provisional takeover
Judicial action or proceeding shall commence within 6 Assumption of control not only over things but also over
months from issuance thereof operations or on-going activities
“Business enterprises/entities
Authorized in the public interest or to prevent disposal secretary and only being supported, then, by Ramas; that they
or dissipation of enterprises. found and confiscated in the premises of Elizabeth
Dimaano military equipment, communication facilities, and
Section 27. This Constitution shall take effect immediately money which, allegedly, could not have been in her possession
upon its ratification by a majority of the votes cast in a if not given to her by Ramas; and that these were ill-gotten and
plebiscite held for the purpose and shall supersede all previous unexplained wealth. The AFP Anti-Graft Board, then,
Constitutions. recommended, that Ramas be prosecuted for violation of the
Anti-Graft and Corrupt Practices Act.
Date of effectivity of the 1987 Constitution
February 2,1987, on the very day of the plebiscite. The PCGG, then, filed a petition for Forfeiture against Ramas
and impleaded Dimaano as co-defendant. Ramas contended that
REPUBLIC V SANDIGANBAYAN he acquired all those items and cash out of his salary as an army
officer while Dimaano claimed ownership of the cash,
Facts equipment and jewelry confiscated by the raiding team.
Upon assumption of office, President Corazon Aquino issued
E.O. no. 1 creating the Presidential Commission on Good On November 1991, the Sandiganbayan dismissed the
Governance (PCGG) for the recovery of the ill-gotten wealth of complaint against Ramas and Dimaano and stated that the
the former President Marcos. PCGG Chairman Jovito Salonga evidence against Ramas did not constitute a prima facie case
created an AFP Anti-Graft Board which was tasked to against him and that there was an illegal search and seizure of
investigate the unexplained wealth and corrupt practices of AFP the items confiscated.
personnel.
The PCGG appeals to the SC claiming that the Sandiganbayan
On March 3, 1986(5 days after the EDSA Revolution), the erred in ruling that the evidence did not constitute a prima facie
raiding team searched and seized the the premises of Elizabeth case against him.
Dimaano.
On the other hand, the private respondents were questioning the
The AFP Anti-Graft Board investigated Major General Josephus jurisdiction of the PCGG. They were also claiming that there
Ramas and issued a Resolution on its findings and was indeed illegal search and seizure contrary to their rights
recommendation. The AFP Anti-Graft Board found that one guaranteed by the Constitution. The petitioners, however,
Elizabeth Dimaano is the mistress of Ramas; that Dimaano has countered that because at the time of the seizure, a revolutionary
no visible means of income; that Dimaano was a former government was operative, the 1973 Constitution was not
operative and no rights were guaranteeing against the seizure category”. Although the PCGG claims that Ramas, being a
conducted during the interregnum (which was until March 24, Commanding General, received direct orders from the President
1986), until that time a provisional constitution(the freedom (as Commander-in-Chief), it is the the “subordinate” referred to
constitution) was adopted. under E.O. no. 1. The subordinate referred to under the mandate
of the PCGG was one who enjoys a close association with the
Issue/s former President Marcos, his wife, similar to immediate family
1. Whether or not the PCGG has jurisdiction to investigate member, relative, business associate, dummy, agent or nominee
Ramas and Dimaano in E.O. n. 2. Ramas’ position as Commanding General of the
2. Whether or not there was illegal search and seizure Army does not necessarily mean he is included as “subordinate”
under the PCGG’s mandate. In the case at bar, the PCGG failed
Ruling to adduce evidence that Ramas was a close associate of Marcos
1. No, it is not within the jurisdiction of the PCGG to investigate nor any showing that the properties were accumulated in his
Ramas and Dimaano. Under E.O. no. 1, the PCGG’s mandate capacity as “subordinate”. The mass wealth of Ramas, as
was to: alleged violations of the Anti-Graft ad Corrupt Practices Act,
a. The recovery of all ill-gotten wealth fall on the jurisdiction of the Ombudsman and not under that of
accumulated by former President Ferdinand E. Marcos, the PCGG.
his immediate family, relatives, subordinates and close
associates, whether located in the Philippines or abroad, 2. Yes, there was illegal search and seizure. The court noted
including the takeover and sequestration of all business that, indeed, at the time of the seizure during the interregnum,
enterprises and entities owned or controlled by them, the 1973 Constitution was not operative and the rights
during his administration, directly or through nominees, guaranteed under that Constitution were also inoperative. If it
by taking undue advantage of their public office and/ or were operative, all sequestration orders of the PCGG at that
using their powers, authority, influence, connections or time would have been void. However, during the interregnum,
relationship. international law remained in effect. The Revolutionary
b. The investigation of such cases of graft and Government at that time assumed the compliance to the
corruption as the President may assign to the Covenant and the Declaration. These were also considered as
Commission from time to time. customary international law which protected the rights of the
respondents. In the case at bar, the search and seizure conducted
The case of Ramas was never claimed to have been exceeded those written in the warrant, as they have admitted
assigned by the President to the PCGG not does the Ramas case during the proceedings. Therefore, the seizure was deemed
fall as included in the “subordinate and close associate
illegal and the court ordered the return of the illegally seized
items to the respondents.