THIRTE~ENTH 
CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
S.B.No. P5Jm 
Introduced by Senator ALFRED0 S. LIM 
EXPLANATORY NOTE 
Calls from various sectors for the amendment or revision of the 1987 
Constitution appears unstoppable. 
Some advocate plain amendment of 
selected provisions to remedy and cope with current problems. 
Others, 
however, espouse a drastic change of revising it by altering the form of 
government. 
In fact, no less that the Executive Department ('per E.O. No. 453 ) 
embarked on such attempt by creating the Consultative Commission as early as 
mid-last year with the Consultative Commission finishing its task in record time 
of around three (3) months and coming out with its draft in mid-December 
and submitted to the President and to Congress. 
The draft sparked negative reactions because of perceived defects such 
as: adoption of a ParIiamentary and federal system; opening up to foreigners 
exploitation of certain reserved natural resources; and the most notorious, the 
so-called No-El provision or the scrapping out of the 2007 elections and 
automatic extension of term of all officials till 2010. 
Also taking center stage is the move on the part of the House to propose 
amendments. 


Very few, however, advocate the calling of a constitutional convention 
because of the enormous expenses it would entail by electing the delegates to 
constitute it. 
Dudng the 1971 Constitutional Convention (RA No. 6132), the amount 
appropriated for the holding of an election of delegates @‘17&on) 
was 30% 
more than the amount earmarked for the operation of the convention itself 
(Pl2million). 
Yet, the most acceptable mode of amendment to insure that the exercise 
is more democratic and as representative as possible of the populace is through 
the constitutional convention. 
In the pastoral letter of the Catholic Bishops Conference of the 
Phdippines issued on January 29, 2006, the Catholic hierarchy strongly 
endorsed an amendment through such mode, thus: 
‘While we agree that certain aspects of our Constitution 
may need amendments and revisions, we do not support hasty 
efforts to change this fundamental law of the land without the 
widespread discussions and participation that such changes 
require. We continue to believe, as we did in our Statement on 
Charter Change in 2003, that changing the Constitution involving 
major shifts in the form of government, requires widespread 
participation, total transparency, and relative serenity that allows 
for rational discussion and debate. Tnis is best done through a 
Constitutional Convention. The reasons for constitutional change 
must be based on the common good rather than on self-serving 
interests of political dynasties.” 
This bill, therefore, seeks to bring to fruition the desire not only of the 
religious sector but most importantly, by the many of our countrymen, who 
prefer a constitutional convention over other schemes of amending or revising 
our Constitution. 
Under the biU, we will be able to dispense with the holding of special 
election to elect delegates by integrating it with elections next year (2007) where 
we will incur not a single centavo for the purpose. 
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It is expected that in ten (10) month's time after the ConCon is 
convened in July 2007, the ConCon will be able to come up with a draft by 
May 2008. And, before July 2008, Congress can call a plebiscite to take place 
ninety (90) days thereafter or by October 2008. 
M 
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THIRTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
) 
8209 
S E N A T  
S.B. No. ___ 
Introduced by Senator ALFRED0 S. LIM 
AN ACT 
CALLING FOR A CONSTITUTIONAL CONVENTION IN 2007 FOR THB 
PURPOSE OF REVISING OR AMENDING THE 1987 CONSTITUTION 
AND 
FOR OTHER PURPOSES. 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
Section 1. Ti&. - This act shall be known as the “2007 Constitutional 
Convention Act”. 
-
t
 
Section 2. Convention called. - A constitutional convention is hereby called 
pursuant to Section 1, Article XVII of the Constitution to revise or amend the 1987 
Constitution of the Republic. 
Section 3. Composition;Q~a~~catio~ 
and Election 
Delgates. - The constitutional 
convention shall be composed of as many delegates as there are Representatives in the 
House of Representatives of Congress to be elected simultaneously in each 
congressional district, at the election of May 10, 2007, who shall have the same 
qualifications as those required for Representatives in Congress, 
Section 4. Oath or affirmation. - Members of the Convention shall qualify and 
assume office by takiiig the following oath or aftirmation: 
“I, (name), do solemnly swear (or affirm) that I shall 
faithfully and conscientiously MfiU my duties as Delegate 
to the Constitutional Convention of 2007 by drafting a 
fundamental law truly reflective of the ideals and 
aspirations of the Filipino people, endeavor to complete 
the work of the said Commission within the period 
provided by law, not to mn for any office in the first 
national elections to be held after the ratification of the 
Constitution, and preserve and defend the Constitution 
of the Republic of the Philippines. So help me God.” (In 
case of affirmation, the last sentence may be omitted.) 


Section 5. Fzdut-e Disqaa&cation. - Any person elected as delegate shall 
not be eligible to run for office in the fist election to be held after the 
ratification of the new Constitution; or appointed to any govemment office or 
position while the Convention is in session and during the period of one (1) 
year after the ratification of the Constitution. 
Section 6. Who M y  Convene. (1) The Chairman of the Commission on 
Elections s h d  take charge of d arrangements for the convening of the 
Constitutional Convention. 
(2) The President of the Senate and the Speaker of the House of 
Representatives shall jointly preside at the opening session of the Convention 
at the session hall of the House of Representatives on July 30,2007 at10:30 a.m. 
Thereafter, the Convention may in its discretion hold its session any day, 
excluding Saturdays, Sundays and Holidays, at any other place within the 
Republic of the Philippines. 
(3) The election of the President from among the Members shall be first 
order of business of the Convention. The Convention shall be deemed 
organized upon the election and qualification of the President who shall be its 
Presidmg Officer. 
(4) Unless the Convention provides othenvise, a majority of all its 
members shall constitute a quorum to do business, but a smaller number may 
meet, adjourn from day to day, and compel the attendance of absent members 
in such manner and under such penalties as the Convention may provide. 
(5) The Convention may determine the rules of its proceedings, punish 
any Member for disorderly behavior, and with the concurrence of two-thirds of 
all the Members, expel a Member. 
(6) The plenary sessions of the Convention shall be public and duly 
recorded. It shall conduct public hearings to ensure that the Filipino people will 
have adequate participation in the formulation of a new Constitution. 
Section I .  Adminidration and TechnicalAssistance.- All government entities, 
agencies and instrumentalities, includmg the Senate and House of 
Representatives, shall place at the disposal of the Convention such personnel, 
premises, and fumitures thereof as can, in their judgment, be spared without 
detriment to the public service, without cost, refund or additional pay. 
Section 8. Purbumentuty Immamities. - (1) A member of the convention 
shall, in all offenses punishable by not more than six (6) years imprisonment, be 
privileged from arrest during attendance of its session, and in going to and 
returning from the same. 
(2) A Member of the Convention shall not be questioned nor held liable 
in any other place for an speech or debate in the Convention, in any committee 
thereof, or in any public hearing conducted by the Convention or any 
committee thereof whenever held . 
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(3) The penalties imposed in Artides 143, and 145 of the Revised Penal 
Code, as amended, for offenses defined therein shall apply if such offense are 
committed against the Convention, or its committees, subcommittees, or the 
Members thereof. 
Section 9. Compensation. - (1) Each member shall receive a per diem of 
Five Hundred Pesos (l'500.00) for every day of attendance in the convention or 
any of its committees and to necessary traveling expenses to and from his 
residence when attending the sessions of the Convention or of its committees. 
The Convention may determine the amount for the office and staff 
expenses of its Members. 
Section 10. Cowpletion. - The Convention shall endeavor to compete its 
work on or before May 2, 2008 and, thereafter, present to the Senate and the 
House of Representatives the draft Constitution. 
Section 11. Ratification. - Congress shall by law fix the date of the 
plebiscite for the ratification or rejection of the proposed Constitution which 
shall not be later than sixty (60) days following its submission. 
The draft Constitution shall become valid and effective upon ratification 
by a majority of the votes cast in such plebiscite. 
Section 12. Appmpriation. - There is hereby appropriated out of any 
funds in the National Treasury not otherwise appropriated, the sum of One 
Hundred Million Pesos ( R O O ,  000.00) for the operational expenses of the 
Convention. 
The Convention shall not be subject to the rules and regulations of the 
Department of Budget on allocations and release of funds; however, it shall 
account for and report on its expenses to the Commission on Audit at the 
termination of its work. 
B: 
Section 13. Petitionfor DecLatov Re&$ - Any natural or juridical person 
whose rights are affected by any provision of this Act, may before breach or 
violation thereof, bring an action to determine any question of construction, 
validity or constitutionality arising under this Act and for a declaration of his 
rights or duties thereunder. 
In any action involving the construction, validity or constitutionality of 
any provision under this Act, the Solicitor General shall be notified by the party 
contesting such provision and shall be entitled to be heard upon such question. 
The petition shall be filed with the Supreme Court and shall be given 
precedence over any other civil business pending therein. 
Section 14. Separabi&iy Ch.use. - if for any reason any section or provision 
of this Act, or any portion thereof, or the application of such section, provision 
3 


or portion to any person group or circumstance, is declared invalid or 
unconstitutional, the remainder of the Act or the application of such provision 
to other persons, group or circumstances shall not be affected by such 
declaration. 
Section 15. Efecii~o. 
-This act shall take effect upon its approval. 
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