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NAME: __________________________________

SEMI-FINAL NOTES/HANDOUTS
in PHIL. GOVT. AND CONSTITUTION
Sherry Lyn F. Lamsen-Orjalo

CONSTITUTION OF SOVEREIGNTY

ART. V: SUFFRAGE
SUFFRAGE is the right and obligation of
citizens to vote. It carries with it the right to run
for public office and be voted on. It is a right
considering that it is reserved for citizens of a
country. It is an obligation imposed by law in
view of the fact that it is only through this
process that the citizen can exercise actual
sovereignty thereby affecting change in a
countrys political landscape.
SCOPE OF SUFFRAGE:
ELECTION refers to the means by which
the people choose their officials for definite
periods, and to whom they entrust for the
time being as their representatives, the
exercise of the power of government.
PLEBISCITE refers to the submission of
constitutional amendments or important
legislative measures to the people for
ratification.
REFERENDUM is the power of the
electorate to approve or reject legislation
through an election called for the purpose.
INITIATVE is the power of the people to
propose amendments to the Constitution or
to propose and enact legislations through an
election called for the purpose.
RECALL pertains to the process of
removing local government officials through
an election called for the purpose.

ART. XVI I : AMENDMENTS OR REVI SI ON
Amendment and revision are both referring to
the MANNER ON HOW TO CHANGE THE
CONSTITUTION.
AMENDMENT refers to alteration of one or a
few specific and isolated provisions of the
Constitution. It is just the change on some part
or parcel of the fundamental law.
REVISION refers to the re-examination of the
entire Constitution or an important cluster of
provisions in the Constitution. It refers to the
total revamp or change of the whole
Constitution.
TWO STEPS IN CHANGING THE
CONSTITUTION:
1. PROPOSAL
There are THREE POSSIBLE WAYS to
propose a change in the Constitution. They
are via:
a. CONSTITUENT ASSEMBLY. The
Congress, as part of their non-legislative
function can propose to change the
Constitution. The legislature can make a
proposal by convening the Congress and
act as Constituent Assembly via vote of
three-fourths of all members of the same
voting separately. The question on
whether or not the two chambers have
different results in said election, or what
will prevail is still subject for
interpretation from the Judiciary. It must
be noted that the Congress acting as
Constituent Assembly can effect both
amendment and revision of the
Constitution.
b. CONSTITUTIONAL CONVENTION.
The Congress is also empowered to call
for a Constitutional Convention via two-
thirds votes of its members. However, if
the Congress cannot make their decision,
they can otherwise submit to the people,
via majority vote of all its members, the
question of calling such convention.
Accordingly, a Constitutional
Convention is a body convened for the
sole purpose of amending or revising the
Constitution. The Congress will design
the methods on how to create such
convention, usually an election from
each legislative district for their
representatives to the convention and an
appointment representing various sectors
of society.
A Constitutional Convention is
found to be expensive and can eat up
much time at the expense of the urgency
to change the Constitution. This mode
can also be for the amendment and
revision of the Constitution.
c. PEOPLES INITIATIVE. This method
of changing the Constitution can be
effected by a petition signed by at least
12% of all registered voters and each
legislative district must be represented
by at least 2% of all registered voters
therein.
This method is only applicable in
the process of amendment and can only
be exercised by the people once every
five years.
2. RATIFICATION is the process whereby the
people will directly cast their vote whether
they would like to adopt any amendment to,
or revision of the Constitution.
The proposed changes shall only be
valid when ratified by a majority of the
votes cast in a plebiscite which shall be held
not earlier than 60 days nor later than 90
days after the approval of such amendment
or revision or after the certification by the
COMELEC of the sufficiency of the petition
in case of the Peoples Initiative.


slf.lo.2014

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