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TWO PART TEST GR: the provision of the Constitution should be considered ★ Qualitative Test: focuses on self-executing how it would affect the nation long-term...

TWO PART TEST GR: the provision of the Constitution should be considered ★ Qualitative Test: focuses on self-executing how it would affect the nation long-term XPN: the contrary is clearly intended. In the absence of a clear ★ Quantitative Test: focuses on showing of a contrary intention, the how many articles/provisions provisions of the Constitution should would be affected be regarded as mandatory. - Why? Because the SELF-EXECUTING VS fundamental law would have NON SELF EXECUTING no more force and prestige ★ SELF-EXECUTING: a rule than a set of directions which that by itself is directly or the government and the indirectly applicable without people would be free to need of statutory disregard. implementation. A provision - ALWAYS PROSPECTIVE which is complete in itself and - Prohibitory = negation. becomes operative without the Absolute NO aid of supplementary or - Grant of power = mandatory enabling legislation. (Ex. Sec. (Cruz, p.10, 2015) 17, Art. VII the President’s power of control over all MODES FOR departments as directly PROPOSAL conferred upon him is self-executing) Amendments Revisions ★ NON-SELF-EXECUTING: Alters 1 Alters basic provision is one that remains specific, principle in the dormant unless it is activated seperable prov. consti by legislative implementation. To add spec. Re-examination It generally lays down basic parts of entire principles. (Ex. Sec. 4, Art. II Add new docu/has - the prime duty of defending necessary implication for the State is Suppress ones entire docu non-self-executing) deemed dangerous  SEPARATELY. (Imbong vs. Comelec, GR. L-32432, September No May involve 11, 1979) rewriting consti 2. By a constitutional convention (Art. XVII, 1) GR: The Congress or Convention a) Congress calls a Con Con by a has the POWER TO PROPOSE vote of 2/3 of all its members, or AMENDMENTS OR REVISIONS, (upper threshold: 2/3rds) but the people has the POWER TO b) Congress submits to the electorate AMEND or REVISE because the the question of calling such proposal submitted to them by the convention, by an absolute majority Congress/convention is subject vote. (lower threshold: majority) to their RATIFICATION. Upper Lower PROPOSAL Achieve the vote If the 2⁄3 vote Amendment or revision of the of requirement was not Constitution may be proposed in 2⁄3 of all its met but it is still a 2-3 ways: members majority of all the members, they will submit to the 1. By Congress acting as a electorate the constituent body (p.1, Sec.1, Art. question of calling XVII) such a convention. A vote of 3/4 of all its members is MEANING, letting required. the people decide on a plebiscite they want Voting requirements: to call upon a - Congress (acting as a Constituent constitutional Assembly) has full and plenary convention. authority to propose Constitutional If na-reach ang To submit to the Amendments or to call a Convention 2⁄3 vote, electorate (people), for the purpose, by a 3⁄4 votes of Congress itself the ONLY EACH HOUSE IN JOINT will determine REQUIREMENT is SESSION assembled by VOTING whether there is a the majority of vote. need for Con Con. - the Con Con had already drafted through an election called for the a proposal, there is no definite purpose. (Sec. 3(a), RA 6735) number of affirmative votes to call Comelec to organize the plebiscite Referendum: for ratification of the draft. the power of the electorate to approve or reject a legislation 3. By the people (Art. XVII, Sec. 2) though an election called for the Through initiative upon petition by purpose. (Sec. 3(c), RA 6735) 12% of all registered voters, of whichever legislative district is Limitations on amendment represented by at least 3% of its through initiative & referendum: registered voters. But this cannot be resorted to: 1. An effective proposal must carry (i) within 5 years from the support of “at least 12 per February 2, 1987, nor (ii) more often centum of the total number of than once every five years. registered voters, of w/c every legislative district must be Any amendment or revision shall be represented by at least 3 per valid when ratified by a majority of centum of the registered voters the votes cast in a plebiscite to be therein. held between 60 to 90 days from, the approval of the amendment or Percentage of the total no. of votes revision in the case of Congress or required is higher than that for the Con Con, or the certification by passing a statue by initiative & COMELEC of the sufficiency of the referendum. petition in the case of the people. Higher percentage is in recognition Initiative: of the fact that the process involves Method whereby the people a constituent & not an ordinary themselves can directly legislative act. propose amendments to the Constitution. 2. This method of proposing amendments may not be used Provided in Section 2. “within 5 years following the The power of the people to propose ratification of this Constitution nor amendments to the Constitution or oftener than once very 5 years to propose and enact legislations thereafter.” This is merely to recognize that RA 6735 initiative is both an extraordinary & ★ Law governing People’s cumbersome process & to abuse it Initiative by too frequent use can unduly ★ Enacted: Aug. 4, 1989 hamper government operations. ★ Required law by the 3 systems of initiative: Constitution so that we have a rule governing how People’s Initiative will be done & executed. it covers only initiatives on national and local legislation. Its references Two Essential Elements in to initiatives on the Constitution are Initiative Petition: few, isolated, and misplaced. R.A. 1. The people must author and thus No. 6735 does not specify the sign the entire proposal. No procedure how initiative on the agent or representative can sign on Constitution may be accomplished their behalf. “incomplete, inadequate or wanting 2. As an initiative upon petition, the in essential terms and conditions” proposal must be embodied in a petition (Lambino v. COMELEC, Ratification (Sec. 4, Article 17, supra) 1987 Constitution) “Any amendment to, or TLDR: revision of, this Constitution under ★ Congress & Con-Con may Section 1 hereof shall be valid when propose both a & r ratified by a majority of the votes ★ Electorate can propose cast in a plebiscite which shall be through initiative only held not earlier than sixty days nor amendments. later than ninety days after the ★ Insofar as initiative is approval of such amendment or concerned, it can ONLY relate revision.” to amendments, NOT revision. “Any amendment under ★ Without implementing Section 2 hereof shall be valid legislation, Section 2 when ratified by a majority of the (initiative) cannot operate. votes cast in a plebiscite which shall be held not earlier than sixty days or a closely related issue, then the nor later than ninety days after the court will make their decision in certification by the Commission on alignment with the previous court's Elections of the sufficiency of the decision. petition.” Vertical stare decisis deals with the Atty. DG: duty of lower courts to apply the - In calling for Con-Con Congress decisions of the higher courts to may have 2 options: cases involving the same facts. 1. Call for members directly of Con-Con Horizontal stare decisis requires 2. Go to the electorate & submit that high courts must follow its own to the electorate the decision precedents. whether to call such Con-Con - All members of Con-Con are Prof. Consovoy correctly observes ELECTED that vertical stare decisis has been - NOT members of Congress viewed as an obligation, while - Although members of Congress horizontal stare decisis has been may resign from their posts as viewed as a policy, imposing choice House/Senate & run as a position of but not a command. Indeed, stare delegate in Con-Con decisis is not one of the precepts set - Art. 17 does NOT in stone in our Constitution. SPECIFICALLY state if House/ Senate vote separately STATE If vote separately: A community of persons, more or Basis: less numerous permanently Checks & balances occupying a definite portion of Congress is Bicameral territory, independent of external if vote jointly: it would dilute control, and possessing a the power of Senate government to which a great body of - People’s initiative is NOT inhabitants render habitual SELF-EXECUTING obedience. (Collector of Internal Revenue v. Campos Rueda, 42 STARE DECISIS SCRA 23.) to stand by things decided; When a court faces a legal argument, if a previous court has ruled on the same 1. Distinguished from Nation. State is a legal or juristic concept, while nation is an ethnic or racial concept. 2. Distinguished from Government. Government is merely an instrumentality of the State through which the will of the State is implemented and realized.