ARTICLE XVII

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.
 Is a change affecting  Is a total or substantial
only one (1) or a few changing in the
specific provisions Constitution as a
thereof. whole.
 It involves only simple  Contemplates major
change. constitutional changes.
Amendments to this Constitution may likewise be
directly proposed by the people through initiative upon
a petition of at least twelve per centum of the total
number of registered voters, of which every legislative
district must be represented by at least three per
centum of the registered voters therein. No
amendment under this section shall be authorized
within five years following the ratification of this
Constitution nor oftener that once every five years
thereafter.
The Congress shall provide for the implementation of
this right.
 Proposal; and
 Ratification
1. By Congress, as a constituent assembly,
upon a vote of three-fourths of all its
members, voting separately;
2. By a constitutional convention call for the
purpose.
3. By the people directly, through initiative,
upon petition of the required number of
registered voters.
 MODE OF REVISION AMENDMENT
PROPOSAL

CONSTITUENT
 
ASSEMBLY

CONSTITUTIONAL
 
CONVENTION

INITIATIVE X 
Requirements:
a) There must be a petition of at least 12% of
the total number of registered voters;
b) Every legislative district must be
represented by at least 3% of the registered
voters thereof; and
c) The amendment through initiative is not
made within 5 years following the
ratification of this Constitution nor oftener
than once every 5 years thereafter.
The Congress may, by a vote of two-thirds of all
its Members, call a constitutional convention,
or by a majority vote of all its Members, submit
to the electorate the question of calling such a
convention.
1. Congress by 2/3 vote of all its members may
call a constitutional convention; or
2. Congress by a majority of vote of all its
members, in case neither ¾ nor 2/3 vote can
be mustered, may toss the question to call a
constitutional convention to the electorate
in an election.
 May Congress sitting as a constituent
assembly, call for a constitutional
convention?
 Is a body assembled for the express purpose
of framing a Constitution, or revising the
existing Constitution, or formulating
amendments to it for the approval of the
electorate.
1. Once convened, is to be looked upon as a
co-equal and coordinate body with the main
departments insofar as its constituent
power of drafting or proposing amendments
to, or revision of, the Constitution is
concerned.
2. “A constituent body can propose anything
but conclude nothing.” (Occeña vs. COMELEC, GR 56350,
4/2/1981).
1. Once lawfully convened, derives it authority
form the Constitution and not from the
legislature, although it is merely a creation of
the latter;
2. Its powers, within the confines of its
jurisdiction, are in the nature of sovereign
powers independent of the 3 major branches;
3. Its powers cannot be limited or restricted by
the legislature; (Gonzales vs. COMELEC, 21
SCRA 774 [1967]
4. Its powers are co-extensive with the purpose
for which it was called (Tolentino vs
COMELEC, 41 SCRA 702 [1971]; and
5. Its powers are subject to applicable
constitutional restrictions. Since its owes it
existence from the Constitution. If limits on
its powers are not observed, the remedy is
to call upon the judiciary for redress.
(Tolentino vs COMELEC, 41 SCRA 702
[1971].
Any amendment to, or revision of, this Constitution
under Section 1 hereof shall be valid when ratified by a
majority of the votes cast in a plebiscite which shall be
held not earlier than sixty days nor later than ninety
days after the approval of such amendment or revision.

Any amendment under Section 2 hereof shall be valid

when ratified by a majority of the votes cast in a
plebiscite which shall be held not earlier than sixty days
nor later than ninety days after the certification by the
Commission on Elections of the sufficiency of the
petition.
The direct approval by the people of the
amendment to, or revision of, the Constitution.
It is the final act to make any change in the
Constitution valid as part thereof. This power
of ratification upholds the principle that
“sovereignty resides in the people.” (Art. II, Sec.
1)
 Majority of votes cast in a plebiscite.
 Time limit for holding plebiscite.
 Effectivity of amendment or revision
Amendments cannot be submitted to the
people in a piecemeal fashion wherein the
other amendments are to follow. The people
should have a frame of reference from which to
read the amendments being proposed.
(Tolentino vs Comelec, 41 SCRA 702)
In Tanada vs Cuenco, we held that political
questions refer “ to those questions which, under
the Constitution, are to be decided by the people
in their sovereign capacity, or in regard to which
full discretionary authority has been delegated to
the legislative or executive branch of the
government. It is concerned with issues
dependent upon the wisdom, not legality of a
particular measure. (Vinuya, et al. v. Hon. Sec. A.
Romulo, et al., G.R. No. 162230, 4/28/2010)
The question of the validity of the proposal or
adoption of amendments to the Constitution is
regarded now as a justiciable question subject
to judicial review.
 Is a community of persons more or less
numerous, permanently occupying a definite
portion of territory, having a government of
their own to which the great body of
inhabitants render obedience, and enjoying
freedom from external control.
The modern state has 4 constituent elements:
1. People
2. Territory
3. Government
4. Sovereignty
 Refers to the mass of population living within
the state constituting the body politic. The
people forming the state need not have
common racial, culture, ideological or
commercial interest. It is sufficient that they are
bound together by political ends.
 There is no requirement as to the number of
people that should compose a state. But it
should be neither too small nor too large: small
enough to be well-governed and large enough to
be self-sufficing.
 It includes not only the land over which the
jurisdiction of the State extends, but also the
rivers and lakes therein, a certain area of the
sea which abuts upon it coasts, and the air
space above them.
 The domain of the state may be described as
terrestrial, fluvial, maritime and aerial.
 Within its territory, the state alone and no
other, can make and enforce laws.
The national territory comprises the Philippine
archipelago, with all the islands and waters
embraced therein, and all other territories over
which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and
aerial domains including its territorial sea, the
seabed, the subsoil, the insular shelves, and other
submarine areas. The waters around, between,
and connecting the islands of the archipelago,
regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.
1. Binding force of such provision under
international law.
2. Value of provision defining our national
territory.
3. Acquisition of other territories.
 Derived form the Greek word pelagos
meaning “sea.”
 Defined as a sea or part of sea studded with
islands, often synonymous with island
groups, or as a large group of islands in an
extensive body of water, such as sea.
 It includes both sea and islands which
geographically may be considered as an
independent whole.
 Means that an archipelago shall be regarded
as a single unit, so that the waters around,
between, and connecting the islands of the
archipelago, irrespective of breadth and
dimensions, form part of the internal waters
of the state, subject to its exclusive
sovereignty.
 Territories ceded to the US by the Treaty of Paris
concluded between the US and Spain on
12/10/1898;
 The islands embraced in the treaty concluded at
Washington between the US and Spain on
11/7/1900. Expressly included the islands of
Cagayan, Sulu and Siboto.
 The islands embraced in the treaty concluded
between the US and Great Britain on 1/2/1930.
Included the Turtle and Mangsee islands situated
between Borneo and Sulu.
 The islands of Batanes
 The territorial sea( aka marginal sea,
marginal belt, marine belt)
 The seabed (or sea floor or sea bottom)
 The subsoil
 Insular shelves (or continental shelves)
 Other submarine areas
 Inland or internal waters – parts of the sea
within the land territory.
 Territorial sea – the belt of waters outside and
parallel to the coastline or to the outer limits
of the inland or internal waters; and
 High or open seas – waters that lie seaward of
the territorial sea
 A state exercises sovereignty to same extent
as its land territory but foreign vessels have
the right of innocent passage through the
territorial sea.
 Is the agency or instrumentality through
which the will of the State is formulated,
expressed and realized.
 A state cannot exist without a government, but it is possible
to have a government without a state. Government is only
one essential requisite of a state.
 The government may change, its form may change, but the
state, as a juridical entity, is not affected. As long as the
requisites are present, the state remains the same although
with a different system of government.
 The maxim that “the King can do no wrong” has no place in a
democratic system of government. The state can speak and
act only by law. Whatever wrong is committed by the
government in the name of the state is imputable to the
government itself and not to the state.
STATE NATION

 Legal or political concept.  Is a racial or ethnic

concept. A nation is a
group of people bound
together by certain
characteristics such as
common social origin,
language, customs, and
traditions, and who believe
that they are one and
distinct from others.
STATE NATION

 Not subject to external  May or may not be

control. independent of external
 A single state may consists control;
of one or more nations or  A single nation may be
peoples. made up of several states.
I. As to number of persons exercising
sovereign powers:
a) Monarchy
1. Absolute Monarchy;
2. Limited Monarchy;
b) Aristocracy (Oligarchy)
c) Democracy
1) Direct or pure democracy
2) Indirect, representative, or republican democracy
II. As to extent of powers exercised by the
central or national government:
a) Unitary government
b) Composite or federal government
III. As to relationship between the executive
and legislative branches of government
a) Parliamentary government
b) Presidential government
IV. Other forms:
a) Civil government
b) Military government
c) Constitutional government
d) Despotic government
e) Elective government
f) Hereditary government
g) Coordinate government
h) Consolidated government
i) De jure government
j) De facto government
k) Revolutionary government
l) Totalitarian government
 Government exists and should continue to exist
for the benefit of the people governed. It is
necessary for the protection of society and its
members, the security of persons and property,
the administration of justice, the preservation of
the state from external danger, and the
advancement of the physical, economic, social
and cultural well-being of the people.
 Government exists to do these things which by
their very nature, it is better equipped to
administer for the public welfare than any
private individual or group of individuals.
 Constituent functions vs. Ministrant functions
 Laissez-faire vs Welfare State
 The supreme power of the state to command
and enforce obedience to its will from people
within its jurisdiction and corollarily, to have
freedom from foreign control.
 It has been referred to as the supreme,
absolute and uncontrollable power by which
any State is governed.
1) As to its aspects
a) Internal – power of the State to rule within its
territory.
b) External- freedom of the State to carry out activities
without subjection to or control by other States.
Often referred to as independence.
2) As to its nature
a) Legal sovereignty – said to pertain to the unlimited
competence of the state to promulgate laws binding
upon all;
b) Political sovereignty – refers to other sources of
power behind the legal sovereign, particularly public
opinion.
 People vs Perfecto
 Macariola vs Asuncion
 It may happen that the sovereign is unable to
actually enforce its commands. During a
belligerent occupation, for instance, the
political laws, particularly the Constitution of
the occupied territory, insofar as its civilian
inhabitants are concerned, cease to be
effective. They are, however, merely
suspended, their being no change in
sovereignty. (Co Kim Chan vs Valdez)
 Absoluteness
 Comprehensiveness
 Permanence
 Indivisibility
 Inalienability
 It is to be admitted that any state may, by its
express consent, express or implied, submit to a
restriction of its sovereign rights. There may
thus be a curtailment of what otherwise is a
power plenary in character.
 Is the property of a state-force due to which it
has the exclusive capacity of legal self-
determination and self-restriction.
 A state then, if it chooses to, may refrain from
the exercise of what otherwise is illimitable
competence.
 Parens patriae means parent or guardian of
the country. The doctrine has been defined
as the inherent power and authority of the
State, whether through the legislature or a
royal person, to provide protection to the
persons and property of those persons who
are non sui juris such as minors, insane, and
incompetent persons.
 Under this doctrine, the State has the sovereign
power of guardianship over persons under disability.
In that capacity, it may bring suit not merely for itself
as sovereign but also to protect the property rights of
the people, enforce charities of public nature, defend
interest of helpless infants and lunatics, or provide for
the confinement of minors in reformatories where
they may receive training and education. Thus, the
State is considered the parens patriae of such classes
of persons who are incapable of protecting
themselves. (Govt. of Phil. Islands vs Monte de
Piedad)
DOMINIUM
 Refers to the capacity of the
State to own property. It
covers such rights as title to
land, exploitation and use of
it, and disposition or sale of
the same. The Regalian
Doctrine whereby all lands of
the public domain belong to
the State, and anyone
claiming title has the burden
to show ownership. (jure
gestium)
IMPERIUM
 Refers to the State’s
authority to govern. It
covers such activities as
passing laws governing a
territory, maintaining
peace and order over it,
and defending it agians
foreign invasion. (jure
imperii)