Skip to main content

House Resolution No. 1109

House Resolution No. 1109

A RESOLUTION CALLING UPON THE MEMBERS OF CONGRESS TO CONVENE FOR THE PURPOSE OF CONSIDERING PROPOSALS TO AMEND OR REVISE THE CONSTITUTION, UPON A VOTE OF THREE-FOURTHS OF ALL MEMBERS OF CONGRESS.

WHEREAS, there are proposals to amend or revise the 1987 Constitution, which is presently enforced, but any of such proposals cannot be considered, heard, debated, approved or disapproved, unless any of the modes expressly provided by Article XVII of the present Constitution is adopted;

WHEREAS, adopting a mode of amending or revising the Constitution, as mandated by said Article XVII is a condition precedent, a pre-requisite, before specific proposals to amend or revise the Constitution could be considered by the Members of Congress, convened to exercise the constitutionally ordained power to amend or revise the Constitution.

WHEREAS, there is a recognized distinction between the exercise of legislative powers of Congress from the exercise of the constituent power to amend or revise the Constitution;

WHEREAS, Congress, in the exercise of its legislative power as provided in Article VI of the 1987 Constitution, cannot amend or revise the Constitution, but it is through the exercise of its constituent power under Article XVII, Section 1 of the Constitution that “any amendment to, or revision of the Constitution may be proposed, upon a vote of three-fourths of all its Members”;

WHEREAS, while the prescribed method of enacting constitutional change in the 1935, 1973, and 1987 Constitutions are different from the method of enacting ordinary legislation, there is a very distinct and notable difference between the 1935 and the 1987 Constitution, which respectively provides as follows:

The 1935 Constitution:

“The Congress in joint session assembled, by a vote of three-fourths of all Members of the Senate and of the House of Representatives voting separately may propose amendments to this Constitution or a call a convention for that purpose.”

The 1987 Constitution:

“Any amendment to, or revision of, this Constitution may be proposed by: (1) The Congress, upon a vote of three-fourths of all its Members; or (2) A constitutional convention.”

WHEREAS, it is to be emphasized and underscored that some essential words and phrases in the aforequoted 1935 Constitution were deleted and no longer contained in the aforequoted 1987 Constitution, such that the “amendments by deletion” are as follows:

1. The phrase “in joint session assembled” in the 1935 Constitution was deleted;

2. The phrase that the Senate and the House of Representatives, voting separately” was also deleted;

3. The percentage of voting three-fourths of the respective membership of each House (the Senate and the House of Representatives) treated separately has also been deleted and substituted with a vote of three-fourths of all the Members of Congress (i.e., ¾ of the “members of Congress” without distinction as to which institution of Congress they belong to).

WHEREAS, the intention of the amendments of the 1935 Constitution by deletions of certain words and phrases thereon by the 1987 Constitution are clear and manifest as underscored in the preceding WHEREAS Clauses and by such deletions, the meaning and application of the corresponding provisions of the 1987 Constitution on Amendments and Revision have been changed. There are however oppositors claiming adverse legal interests who claim that, notwithstanding that the express, clear, and unambiguous provision of Article XVII Section 1 of the 1987 Constitution that any amendment to, or revision of the 1987 Constitution that any amendment to, or revision of the 1987 Constitution shall be upon a vote of three-fourths of all the Members of Congress (i.e., not three-fourths of each House voting separately as the oppositors contend), a justiciable controversy involving the active antagonistic assertion of alleged legal rights by the oppositors, on one side, and the denial thereof by the proponents of this Resolution, on the other side, shall ripen for judicial determination as and when this Resolution calling upon the Members of Congress to convene in exercise of its constituent power is filed, heard, and approved.

WHEREAS, while no specific proposals to amend or revise the present Constitution could formally be given due course unless and until this call to convene Members of Congress, as provided herein, is effected. It is hereby pledged and covenanted by the proponents of this Resolution, that by their signatures hereto that whatever constitutional changes may be proposed at the appropriate time, preferably after the constitutional issues may be proposed at the appropriate time, preferably after the constitutional issues of construction and interpretation by the Honorable Supreme Court of the justiciable controversy that may arise shall have been resolved with finality that:

1. The term of office of the incumbent President and Vice-President shall not be extended;

2. The term of office of Senators, Congressmen, Governors, Mayors, and other elected officials whose term of office shall expire in 2010 shall not be extended;

3. The term of office of the twelve (12) Senators who were elected in 2007 for a six (6) year term ending in 2013 shall not be shortened and they shall be allowed to finish their term;

4. That there shall be elections in 2010.

WHEREAS, there is a specific proposal that for the Philippines to be internationally competitive in attracting foreign investments and technology transfers that the economic provisions of the Constitution is proposed to be amended in an appropriate manner, but such specific proposal to amend the present Constitution cannot be formally presented and resolved until the mode for amending or revising the Constitution is convened and made operational through the application of Article XVII of the present Constitution.

NOW, THEREFORE, BE IT RESOLVED, THAT THE MEMBERS OF CONGRESS BE CONVENED FOR THE PURPOSE OF PROPOSING AMENDMENTS TO, OR REVISION OF THE CONSTITUTION UPON A VOTE OF THREE-FOURTHS OF ALL ITS MEMBERS AND THAT UPON ITS BEING CONVENED SHALL ADOPT ITS RULES OF PROCEDURES THAT SHALL GOVERN ITS PROCEEDINGS.

Adopted.

Popular posts from this blog

Philippine Mining Act of 1995

With the recent issue of magnetite ore mining overwhemingly opposed by residents in the town of Bagamanoc and recently moved the mining site off the coast of Panganiban (Payo), I am compelled to post this Mining Act to serve as reference. "Republic Act No. 7942 or the Philippine Mining Act of 1995 (“Act”) is the governing law that regulates mineral resources development in the country. One of the primary objectives of this act is to revitalize the ailing Philippine mining industry by providing fiscal reforms and incentives and maintaining a viable inventory of mineral reserves to sustain the industry through the infusion of fresh capital through direct investments to finance mineral exploration and/or development activities. The original implementing rules and regulations of the Act was prepared in 1995, and was revised in 1996 under DENR Administrative Order 96 – 40, the revised implementing rules and regulations (RIRR). Collectively, the Act and its RIRR take into considerat…

Pantomina Lyrics And Music

Pantomina is Spanish for pantomime, movements imitating the courtship movements of the rooster and the hen. Ang mga babaye
Kung mayo pa nin agom
Maugay nin aga maugay nin hapon
Alagad kung sinda igua na nin agom
Maugay Octobre, Disyembreng sunudon. Ica palan, Nenang ang pinagsasabi
Magayon na burac sa lugar na ini
Magayon ang tindog malinig ang pisngi
Arin pa daw ang puso ang dai mawili. Can ica sadit pa sadit pa man aco
Si satuyang cawat magkudot-kudotan
Kinudot mo aco kinudot ta ca man
Sabi mo sa saco luhayluhaya man. Ang mga lalake
Hudyan sisaboot
Ang pinagsasabing ngarang pagcamoot
Kundi ang babayeng iyo minahilod
Akong minahiling can mga pangguyod.

A Fresh Look At Siling Labuyo

Siling labuyo (Capsicum frutescens) has the potential to reduce the risk of cancer, cardiovascular diseases, cataract, and macular degeneration. This was stressed by Dr. Evelyn B. Rodriguez, professor from the Institute of Chemistry at the University of the Los BaƱos (UPLB) in a seminar on indigenous plants for health and wellness at the Bureau of Agricultural Research (BAR) during its 19th National Research Symposium and in celebration of the 8th National Agriculture and Fisheries R&D Week. Also known as the chili pepper, siling labuyo is among the indigenous plants that the Department of Agriculture (DA) promotes through the "Indigenous Plants for Health and Wellness RDE Program” of BAR. The said program aims to promote and highlight the importance of indigenous plants and its products. The fruit of siling-labuyo is a popularly used as a spicy and chili condiment while its leaves are usually consumed as vegetables. In medicinal terms, the labuyo fruit was earlier utiliz…

Japanese Retirement Village in the Philippines

The Philippines is being eyed as a prime medical, health care and retirement destination for Japanese. According to studies, one out of four people in Japan will be aged 65 by 2020, from one out of six in 2000. Now is the best time to set up the retirement village for Japanese as baby boomers will start retiring in 2007. Several notable Japanese companies have already initiated building medical and retirement havens in the Philippines. These include Sanyo Emeritus Co. Ltd., a joint venture between Sanyo Electric and Emeritus Corp. of Seattle, which provides "assisted living" services in the US and Canada; as well as Tokushukai Medical Corp., Japan's largest hospital chain, which is putting up a $100 million, 1000-bed hospital in the Philippines, targeting elderly Japanese citizens. The Philippines is highly regarded because of its mild climate enjoyed by Japanese, its close proximity to Japan, the high quality of the Philippines' healthcare workforce, and the sign…

Catanduanes Remains Top Abaca-Producing Province - BM

Abaca-fiber production in the country’s top abaca-producing province from January to May 2009 went up by 22 percent to 8,646.32 metric tons (MT), said the Fiber Industry Development Authority (FIDA). FIDA noted that in January to May 2008, abaca farmers in Catanduanes produced 7,084.23 MT. The attached agency of the Department of Agriculture said a total of 16,231 farmers were involved in abaca production in the province in 2008. FIDA said the island province of Catanduanes is renowned as the “abaca capital of the Philippines.” The province is now the top producer of abaca fiber, has the largest area planted to abaca and has the biggest number of abaca farmer-producers in the Philippines. Joining Catanduanes as the country’s top 10 abaca-producing provinces are Southern Leyte, Leyte, Davao Oriental, Northern Samar, Davao del Sur, Surigao del Sur, Samar, Sulu and Sorsogon. FIDA said the province also adjusted its production for the year due to the projected slowdown in demand for…