Constitutional reform in the Philippines, colloquially known as charter change (cha-cha), refers to the political and legal processes needed to amend the current 1987 Constitution of the Philippines. Under the common interpretation of the Constitution, amendments can be proposed by one of three methods: a people's initiative, a constituent assembly, or a constitutional convention.
A fourth method, involving both houses passing a joint concurrent resolution with a supermajority of at least 75%, was proposed in 2015 by House Speaker Feliciano Belmonte Jr., who subsequently submitted to the House of Representatives "Resolution of Both Houses No. 1". This "simple legislation as the means to amend" would only require approval by both Houses voting separately. All proposed amendment methods must be ratified by a majority vote in a national referendum.
While no amendment to the 1987 Constitution has succeeded, there have been several high-profile attempts since the Ramos administration. None reached the ratification stage.
There are several online and mass groups that actively support constitutional reform. These include Constitutional Reform & Rectification for Economic Competitiveness & Transformation (CoRRECT Movement), led by Orion Perez Dumdum; Kilusang Pilipinismo (KP), led by Bishop Nilo Tayag; Kayumanggi Philippines, led by Nikka Gaddi; Kabalikat ng Bayan sa Kaunlaran (KABAKA); Foundation for Economic Freedom (FEF); and several pro-Duterte and pro-Marcos groups.
Methods of charter change MethodProposalRatificationSource Constituent Assembly Vote by three-fourths of all its members, with both houses voting separately.Plebiscite, not earlier than sixty days no later than ninety days after the submission of the amendments or revision Constitutional ConventionCalled into existence by Congress, with a vote of two-thirds of all its Members, with both houses voting separately. Majority vote of all of the Members of Congress, with both houses voting separately, submitting to the electorate the question of calling such a convention. People's Initiative Petition of at least 12% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein Plebiscite, 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 Supreme Court ruled in 1997 that the People's Initiative method of amending the constitution is "fatally defective", or inoperable. Another ruling in 2006 on another attempt at a People's Initiative was ruled unconstitutional by the court This only leaves the Constituent Assembly and the Constitutional Convention as the valid ways to amend the constitution.
Consultative body The President, through official proclamation or executive order, may create a consultative body that will study and propose amendments or revisions to the constitution. However, the draft of the consultative committee will only serve as a guide for the constitutional body that will propose amendments or revisions to the Constitution. President Consultative Body Legal Basis Chairperson CompositionProposed form of government Jose P. LaurelPreparatory Committee for Philippine IndependenceJorge B. Vargas 20 members
José P. Laurel Elpidio R. Quirino Benigno Aquino, Sr. Ramon Avanceña Jorge B. Vargas Antonio de las Alas Claro M. Recto Quintin Paredes José Yulo Vicente Madrigal Manuel Roxas Sa Ramain (Alauya Alonto) Emiliano Tria Tirona Melecio Arranz Camilo Osías Rafael Alunan Sr. Pedro Sabido Teofilo Sison Manuel C. BrionesSingle-party authoritarian republic Joseph Estrada Preparatory Commission on Constitutional Reforms Executive Order No. 43 Andres Narvasa 19 out of 25 members
Raul Daza Margarito Teves Raul Concepcion Felipe Gozon Alberto Fenix Jr. Conrado Vasquez Cesar Virata Bernardo Villegas; Cayetano Paderanga Jr. Ceferino Padua Froilan Bacunan Cicero Calderon Ramon Felipe, Ricardo Romulo.Unitary presidential constitutional Republic with Free trade economy Gloria Macapagal Arroyo2005 Consultative CommissionExecutive Order No. 453José Abueva33 out of 50 members
Carmen Pedrosa Jarius Bondoc Alexander Magno Anthony Acevedo Ronald Adamat Emmanuel Angeles Rene Azurin Jose Bello Jr. Ma. Romela Bengzon Francis Chua Donald Dee Gilberto Duavit Jr. Gerado Espina Sr. Pablo Garcia Nelia Gonzales Joji Ilagan-Bian Gonzalo Jurado Jose Leviste Jr. James Marty Lim Lito Monico Lorenzana Sergio Luiz-Ortiz Jr. Sonny Matula Democrito Mendoza David Naval Victor Ortega Vicente Paterno San Fernando Oscar Rodriguez Pedro Romualdo Efraim Tendero Ray Teves Antonio Vilar Alfonso Yuchengco.Federal parliamentary constitutional republic Rodrigo Duterte Consultative Commission Executive Order No. 10 Reynato Puno21 out of 25 members
Aquilino Pimentel Jr Randolph Climaco Parcasio Antonio Arellano Susan Ubalde-Ordinario Arthur Aguilar Reuben Canoy Roan Libarios Laurence Wacnang Ali Pangalian Balindong Edmund Soriano Tayao Eddie Mapag Alih Bienvenido Reyes Julio Cabral Teehankee Antonio Nachura Rodolfo Dia Robles Virgilio Bautista Ranhilio Aquino Victor de la Serna Jose Martin Azcarraga Loon Rex Cambronero RoblesFederal parliamentary constitutional republic
Proposed amendments or revision to the 1987 Constitution
Ramos administration The first attempt to amend the 1987 Constitution was under President Fidel V. Ramos. Among the proposed changes in the constitution were a shift to a senatorial system and the lifting of term limits of public officials. Ramos argued that the changes would bring more accountability, continuity, and responsibility to the "gridlock"-prone Philippine version of the presidential bicameral system. Some politically active religious groups, opposition politicians, business tycoons and left-wing organizations opposed the process that was supposed to lead to a national referendum. Critics argued that the proposed constitutional changes for one would benefit the incumbent, Ramos. On September 21, 1997, a church-organized rally brought in an estimated half a million people to Rizal Park.
Furthermore, on September 23, 1997, the advocates suffered a setback when the Supreme Court, under Chief Justice Andres Narvasa, dismissed a petition filed by the People's Initiative for Reform, Modernization and Action (PIRMA), which sought to amend the Constitution through a signature campaign or People's Initiative. The Supreme Court dismissed the petition on the grounds that the People's Initiative provision in the 1987 Constitution lacked an enabling law for its implementation. Had the petition been successful, a national plebiscite would have been held for the proposed changes.
Estrada administration Under President Joseph Estrada, there was a similar attempt to change the 1987 constitution. The process is termed as CONCORD or Constitutional Correction for Development. Unlike Constitutional Reform under Ramos and Arroyo the CONCORD proposal, according to its proponents, would amend only the restrictive economic provisions of the constitution that are considered to impede the entry of more foreign investments in the Philippines.
There were, once again, objections from opposition politicians, religious sects and left-wing organizations based on diverse arguments such as national patrimony and the proposed constitutional changes would be self-serving. Again, the government was accused of pushing constitutional reform for its own vested interests.
Arroyo administration During the term of President Gloria Macapagal Arroyo, multiple attempts were made to change the 1987 Constitution. Arroyo issued Executive Order No. 453 in August 2005 to create the Consultative Commission, headed by Dr. José Abueva. After holding consultations with different sectors of society, the commission proposed revisions to the 1987 constitution relating to a shift to a unicameral parliamentary form of government; economic liberalization; further decentralization of national government, and more empowerment of local governments through a transition to a parliamentary-federal government system.http://www.pcij.org/blog/wp-docs/Abueva-Federalism.pdf The Virtues Of Federalism While constitutional reform and "opening up" of the Philippine economy were supported by the Philippine Chamber of Commerce and Industry and the Employers Confederation of the Philippines,PIA Information Services – Philippine Information Agency these were opposed by the Makati Business Club.
Sigaw ng Bayan initiative Sigaw ng Bayan (Cry of the People), led by former Consultative Commission member Atty. Raul Lambino, and Union of Local Authorities of the Philippines campaigned in 2005–2006 for the amendments proposed by the Consultative Commission. Sigaw ng Bayan aimed to gather enough signatures to call for a plebiscite on the proposed constitutional changes by a People's Initiative.
Religious, business, and political groups opposed the proposed amendments, citing untimeliness and contending that the incumbent President and her allies would directly benefit from the proposed changes by extending the President's term of office. The Communist Party of the Philippines (CPP) called the cha-cha process "anti-masses".
On October 25, 2006, the Supreme Court, under Chief Justice Artemio Panganiban, by a vote of 8–7, rejected Sigaw ng Bayan's initiative on two grounds: The initiative failed to comply with the basic requirements of the Constitution for conducting a people's initiative. The initiative proposed revisions and not amendments. Under the 1987 Constitution, a people's initiative cannot introduce constitutional revisions but only amendments. The Court held that changing the form of government, from presidential to parliamentary, or abolishing a house of Congress, such as the Senate, are revisions, which cannot be done by a people's initiative.
In November 2006, the Supreme Court denied with finality Sigaw ng Bayan's motions for reconsideration of the court's October 25, 2006, decision.
Constituent Assembly under De Venecia
In December 2006, House Speaker Jose de Venecia, Jr. attempted to push for the constitutional change process by convening the House of Representatives of the Philippines and the Senate of the Philippines into a Constituent Assembly, or "con-ass," one of the three modes by which the 1987 Constitution could be amended.
Former President Joseph Estrada; left-wing organizations such as BAYAN, Bro. Mike Velarde of El Shaddai, Bro. Eddie Villanueva of Jesus is Lord Movement, Butch Valdes of Philippines LaRouche Youth Movement, Jose Maria Sison of the Communist Party of the Philippines and other groups and personalities called on their followers to go home that will culminate in a major "eating rally" on December 17, 2006.More groups join CBCP in Luneta rally against Cha-cha – INQUIRER.net, Philippine News for Filipinos A few days before the planned rally, House Speaker De Venecia retreated on the constituent assembly (con-ass) mode to give way for constitutional reform via constitutional convention (con-con): the only mode of constitutional reform that many anti-constitutional reform groups said they will support. Speaker De Venecia "challenged" everyone to support his new proposal for the election of constitutional convention delegates to be held on the same day as the May 2007 local elections. Despite the concessions made by Speaker De Venecia, opponents ignored his new proposal and still pushed through with the rally of less than an estimated 15,000 protesters. In the "eating rally," the religious leaders called on the whole nation to embrace "electric post," "face removal," and "character change" instead of systematic changes such as constitutional reform.
Constituent Assembly under Nograles-Pimentel