A priority thrust of the Administration is the change of the form of government from unitary to federal. The change can be effected only through constitutional amendment or revision.
(a) What are the methods of amending the Constitution? Explain briefly each method. (3%)
(b) Cite at least three provisions of the Constitution that need to be amended or revised to effect the change from unitary to federal, and briefly explain why? (3%)
Suggested answer only. Not an official answer and not legal advice.
(a) The methods to alter the Constitution are Constituent Assembly, Constitutional Convention, and People's Initiative, and (b) shifting to federalism requires revising the Preamble, Article X, and Articles VI–VIII.
Under Article XVII, Sections 1–3 of the Constitution, amendments are proposed by a Constituent Assembly, Constitutional Convention, or People's Initiative. Revisions altering basic government structure are limited to a Constituent Assembly or Constitutional Convention.
Here, shifting to federalism requires revising the Preamble to adopt federalism, Article X to grant states self-governance, and Articles VI, VII, and VIII to divide powers.
Therefore, constitutional changes proceed via Constituent Assembly, Constitutional Convention, or Initiative, while adopting federalism requires revising the Preamble, Article X, and Articles VI–VIII.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Which body or method cannot be utilized to propose a constitutional revision such as shifting to federalism?
A People's Initiative is constitutionally restricted to proposing amendments and cannot be used for constitutional revisions.
What vote of Congress is required to directly propose constitutional amendments when acting as a Constituent Assembly?
Article XVII, Section 1 mandates a three-fourths vote of all Members of Congress to propose constitutional amendments.
Why does shifting the Philippine government from a unitary to a federal system constitute a constitutional revision rather than an amendment?
Transitioning to a federal system fundamentally restructures governance and sovereign authority, making it a constitutional revision.
Which constitutional provision must be substantially revised to transform local government units into autonomous federal states?
Article X governs local autonomy and must be overhauled to grant sovereign legislative and executive powers to federal states.
What minimum percentage of registered voters nationwide is required to initiate a constitutional amendment via People's Initiative?
Article XVII, Section 2 requires a petition of at least twelve percent of total registered voters nationwide with three percent per legislative district.
Learn more about these topics
1. Methods Of Alteration
Under Article XVII of the 1987 Constitution, constitutional changes may be proposed through a Constituent Assembly, a Constitutional Convention, or a People's Initiative. A Constituent Assembly involves Congress itself proposing changes by a three-fourths vote of all its Members. A Constitutional Convention consists of delegates elected or appointed to draft constitutional changes. A People's Initiative allows registered voters to directly propose amendments via petition signed by at least twelve percent of all registered voters nationwide, with at least three percent in every legislative district. However, a People's Initiative is strictly limited to constitutional amendments and cannot effect a constitutional revision.
2. Amendment Versus Revision
A constitutional amendment refers to an isolated or piecemeal change that alters specific provisions without overhauling the basic structure or principle of the Constitution. In contrast, a constitutional revision involves a sweeping re-examination or structural rewrite that alters the overarching framework or allocation of governmental powers. Shifting from a unitary to a federal form of government profoundly redistributes sovereign authority between the national government and regional states. Because this structural shift alters the core system of governance, it constitutes a constitutional revision, which can only be enacted through a Constituent Assembly or a Constitutional Convention.
3. Provisions For Federalism
Transitioning from a unitary system to a federal republic requires revising key constitutional provisions. The Preamble must be modified to reflect the union of autonomous federal states. Article X on Local Government must be overhauled to elevate local government units into autonomous states equipped with inherent legislative and executive competencies. Furthermore, Articles VI, VII, and VIII governing the Legislative, Executive, and Judicial departments must be amended to delineate the division of powers between the federal government and regional states, establish a federal supreme court, and adjust tax and revenue allocations across jurisdictions.