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In the Philippines, a constitutional convention is one of the three ways to amend the Constitution of the Philippines. Others include a People's Initiative and the Constituent Assembly. Article XVII, Section 3 of the Constitution says, "The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention." [1] [2]
The 1987 constitution does not specify how delegates to a Constitutional Convention should be chosen. [1] For past conventions, this has been specified in the legislation calling for the convention. In 1971, under an earlier constitution, Republic Act No. 6132 provided that delegates to a constitutional convention would be elected by the national legislative district, in a special election. [3] The 1987 constitution specifies that any proposed amendments to the 1987 Constitution must be ratified by a majority of voters in a plebiscite. [1]
The process of amending or revising the 1987 Constitution has become known as charter change.
List
There have been five constitutional conventions in Philippine history:
| Election | Convention | Constitution | Plebiscite |
|---|---|---|---|
| 1898 | Malolos Congress | Malolos Constitution | Approved by assembly |
| 1934 | Philippine Constitutional Convention of 1934 | 1935 Constitution of the Philippines | 1935; 96.43% in favor |
| None | Preparatory Committee for Philippine Independence | 1943 Constitution of the Philippines | Approved by assembly |
| 1970 | Philippine Constitutional Convention of 1971 | 1973 Constitution of the Philippines | 1973; 90.67% in favor |
| None | Philippine Constitutional Commission of 1986 | 1987 Constitution of the Philippines | 1987; 77.04% in favor |
See also
- Constitutional reform in the Philippines
- Constitution of the Philippines
- Federalism in the Philippines
References
- ^ a b c The 1987 Constitution of the Republic of the Philippines Archived February 9, 2007, at the Wayback Machine
- ^ "Article XVII Amendments or Revisions". 1987 Constitution of the Republic of the Philippines. Chan Robles Law Library.
- ^ "REPUBLIC ACT NO. 6132 : AN ACT IMPLEMENTING RESOLUTION OF BOTH HOUSES NUMBERED TWO AS AMENDED BY RESOLUTION OF BOTH HOUSES NUMBERED FOUR OF THE CONGRESS OF THE PHILIPPINES CALLING FOR A CONSTITUTIONAL CONVENTION, PROVIDING FOR PROPORTIONAL REPRESENTATION THEREIN AND OTHER DETAILS RELATING TO THE ELECTION OF DELEGATES TO AND THE HOLDING OF THE CONSTITUTIONAL CONVENTION, REPEALING FOR THE PURPOSE REPUBLIC ACT FOUR THOUSAND NINE HUNDRED FOURTEEN, AND FOR OTHER PURPOSES". Chan Robles Law Library. August 24, 1970.
Bibliography
- Cruz, Isagani (1995). "The Nature of the Constitution". Constitutional Law. Philippines: Central Lawbook Publishing Co., Inc. pp. 18–20. ISBN 971-16-0333-0.