Question B.14, 2019 Political Law Bar Exam

B.14.

(Question B.14, Political Law, 2019 Bar Exam)

A proposal to change a provision of the 1987 Constitution has been put forth as follows:

Original Text: “The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them”

Proposed text: “The Philippines is a democratic and socialist State. Sovereignty resides in the party and all government authority emanates from it.”

(a) Is this an amendment or revision? Explain. (2.5%)

(b) Briefly explain the process to revise the 1987 Constitution. (2.5%)

Suggested Answer:

(a) It is a revision since it will result in a change of the basic principles of Government from a republican State to a socialist State. Under jurisprudence, revision broadly implies a change that alters a basic principle in the constitution. There is also revision if the change alters the substantial entirety of the constitution, as when the change affects substantial provisions of the constitution

(b) The following is the procedure for amending or revising the Constitution:

1) Proposal for amendment or revision; and,

2) Ratification via plebiscite.

For the proposal for any revision of the Constitution, it may be proposed by:

1) The Congress, upon a vote of three-fourths of all its Members;

2) A constitutional convention; or

3) People’s initiative. (Section 1 and 2, Article XVII, 1987 Constitution)

For the plebiscite, any revision of the Constitution to be ratified requires a majority of the votes cast.

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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