Massive “no” vote in plebiscite may STOP shift to federalism
PHOTO SOURCE: https://i.ytimg.com/vi/u1EuLuw9BzA/maxresdefault.jpgDespite the vigorous campaign of the Duterte administration to change the fundamental law, the 1987 Constitution, those against this move still have a chance.
It must be noted that, in order to validly cause a change in the Constitution, either through an amendment or a revision, the means to do so must be constitutional, not extra-constitutional. The Constitution itself provides, under Article XVII, the legal method by which it can be changed. Any other way would be a revolution, an outrage that is unforgivable unless successful.
It must also be noted that no change, either an amendment or a revision, to the Constitution can take effect without the ratification of the people. "Ratification" means the act of saying yes or no to a proposal, usually done through the casting of votes.
A majority of votes is required, which means fifty percent (50%) plus one (1). Hence, if the opposition does not wish the Constitution to be changed, a massive campaign for a "no" vote is required.
THE 1987 CONSTITUTION: Section 1. 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.
Section 2. 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 than once every five years thereafter.
The Congress shall provide for the implementation of the exercise of this right.
Section 3. 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.
Section 4. 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.
Section 2. 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 than once every five years thereafter.
The Congress shall provide for the implementation of the exercise of this right.
Section 3. 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.
Section 4. 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. (Article XVII of the 1987 Constitution)
