Constituent power refers to the authority (1%)
(A) of public officials to command respect
(B) given to Congress to enact police power measures
(C) to propose constitutional amendments or revisions
(D) of the people to take back the power entrusted to those in government
(E) of the President to call out the armed forces to suppress lawless violence
Suggested answer only. Not an official answer and not legal advice.
(C) To propose constitutional amendments or revisions. Under Section 1, Article XVII of the 1987 Constitution and Sanidad vs COMELEC, constituent power is the authority to formulate a Constitution or propose
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Quick check
What is constituent power under Philippine constitutional law?
Constituent power is the extraordinary authority to frame or amend the fundamental law.
Under Article XVII, Section 1 of the 1987 Constitution, how may Congress propose amendments to the Constitution?
Congress acting as a Constituent Assembly may propose amendments by a three-fourths vote of all its members.
How does constituent power differ from ordinary legislative power?
Constituent power alters the fundamental law, while legislative power creates statutory laws under the Constitution.
Under Section 2, Article XVII of the Constitution, what requirement must be met for a valid people's initiative proposing constitutional amendments?
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Can the Supreme Court review the constitutional validity of procedures used by a Constituent Assembly in proposing amendments?
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Learn more about these topics
1. Constituent Power Nature
Under Philippine constitutional law and Sanidad v. COMELEC, constituent power is the supreme authority to frame a constitution or to propose amendments to or revisions of the fundamental law. Constituent power is distinct from ordinary legislative power. While legislative power is the authority to enact, amend, or repeal ordinary statutes under the constitution, constituent power is the extraordinary authority to alter or amend the Constitution itself. Consequently, when Congress acts as a Constituent Assembly, it exercises constituent power derived directly from the sovereign people rather than its general lawmaking functions.
2. Modes of Amendment
Article XVII of the 1987 Philippine Constitution outlines three exclusive modes for proposing constitutional amendments or revisions. Amendments or revisions may be proposed by Congress acting as a Constituent Assembly upon a vote of three-fourths of all its members, or by a Constitutional Convention called for that purpose. Additionally, amendments may be directly proposed by the people through initiative under Section 2. Regardless of the proposal mode, any proposed constitutional change must be submitted to and ratified by a majority of votes cast in a national plebiscite to take effect.
3. Judicial Review Limits
Although constituent power is an extraordinary power, the procedure for amending or revising the Constitution is subject to judicial review under Section 1, Article VIII. As held in Lambino v. COMELEC and Santiago v. COMELEC, the Supreme Court has the jurisdiction to determine whether the constitutional requisites and procedural requirements for proposing amendments have been strictly satisfied. While courts cannot review the wisdom of constitutional proposals, they ensure that constituent bodies stay within the strict boundary limits defined by Article XVII of the Constitution.