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level: Amendments/Revisions of the Constitution

Questions and Answers List

level questions: Amendments/Revisions of the Constitution

QuestionAnswer
Define Amendment and RevisionAMENDMENT - change by adding, deleting, or reducing without altering the basic principles involved REVISION - altering the substantial entirety/principles of the Constitution
What are the two test to determine whether a proposed change is an amendment or a revision?1. QUANTITATIVE TEST - Asks whether the proposed change is soEXTENSIVE in its provisions as to change directly the ‘substantial entirety’ of the Constitution by the deletion or alteration of numerous existing provisions. 2. QUALITATIVE TEST - Asks whether the change will accomplish such FAR REACHING CHANGES in the nature of our basic governmental plan as to amount to a revision.
How are amendments or revisions of the Constitution proposed?Sec 1 and 2, Article XVII 1. By Congress, acting as CONSTITUENT ASSEMBLY upon a vote of 3⁄4 of ALL its members 2. By Congress, upon a vote of 2/3 of ALL its members (to call for a CONSTITUTIONAL COMMISSION); OR by Congress, upon a majority vote of ALL its members to submit to the Electorate the question of calling a ConCon 3. PEOPLE'S INITIATIVE - By the people, upon a petition thru a plebiscite (at least 12% of the TOTAL number of registered voters, of which every legislative district must be represented by 3% of the registered voters therein TAKE NOTE: *People's initiative - amendment only. NOT revision
What are the Kinds of Initiative under the Initiative and Referendum Act (RA 6735)?1. Initiative on the Constitution – Refers to a petition proposing amendments to the Constitution. 2. Initiative on statutes – Refers to a petition to enact a national legislation. 3. Initiative on local legislation – Refers to a petition proposing to enact a regional, provincial, municipal, city, or barangay law, resolution or ordinance. [RA 6735, Sec. 3 (a)]
It is the power of the people to propose amendments to the Constitution or to propose and enact legislation.Initiative
It is the power of the electorate to approve or reject legislation through an election called for that purpose.Referendum