8/11/2019 Handouts in Philippine Government and Constitution
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NAME: __________________________________
SEMI-FINAL NOTES/HANDOUTS
in PHIL. GOVT. AND CONSTITUTION
Sherr y Lyn F . Lamsen-Or jalo
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 rightconsidering 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 actualsovereignty thereby
affecting change in a
countrys political landscape.
SCOPE OF SUFFRAGE:
ELECTION refers to the means by whichthe people choose their
officials for definite
periods, and to whom they entrust for the
time being as their representatives, theexercise of the power of
government.
PLEBISCITE refers to the submission of
constitutional amendments or importantlegislative 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 orto propose and enact
legislations through an
election called for the purpose.
RECALL pertains to the process of
removing local government officials throughan election called
for the purpose.
ART. XVII : AM ENDMENTS OR REVISION
Amendment and revision are both referring to
the MANNER ON HOW TO CHANGE THECONSTITUTION.
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 thetotal revamp or
change of the whole
Constitution.
TWO STEPS IN CHANGING THECONSTITUTION:
1. PROPOSALThere 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 theConstitution. The legislature
can make a
proposal by convening the Congress and
act as Constituent Assembly via vote ofthree-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 whatwill prevail is still
subject for
interpretation from the Judiciary. It must
be noted that the Congress acting asConstituent 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, ifthe 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 theConstitution. The
Congress will design
the methods on how to create such
convention, usually an election fromeach legislative district
for their
representatives to the convention and an
appointment representing various sectors
of society.
A Constitutional Convention isfound to be expensive and can eat
up
much time at the expense of the urgencyto change the
Constitution. This mode
can also be for the amendment and
revision of the Constitution.
c. PEOPLES INITIATIVE. This methodof changing the Constitution
can be
effected by a petition signed by at least
12% of all registered voters and eachlegislative district must
be represented
by at least 2% of all registered voterstherein.
This method is only applicable inthe 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 thevotes cast in a
plebiscite which shall be held
not earlier than 60 days nor later than 90days after the
approval of such amendment
or revision or after the certification by the
COMELEC of the sufficiency of the petitionin case of the Peoples
Initiative.
slf.lo.2014
