HULSE UF KEPRESENTATIVES

Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIVES 21 JUL 2018
Quezon City OT ene
awe: Lf
SEVENTEENTH CONGRESS BY.

First Regular Session

RECSTRATION UNIT

1838
House Bill No, _“O'° BILLS AND Not X SERVICE

Introduced by Rep. Doy C. Leachon

EXPLANATORY NOTE

To borrow the very words of Justice Cardozo, “the inn that shelters for the
night is not the journey’s end; the Constitution, like the traveller, must be ready for
the morrow”. The eloquent Justice Isagani Cruz thought of this very words as

“CHANGE”,

For the Constitution, like any living law, must move with the moving society it
is supposed to govern. A law that has ceased to grow has ceased to be, and this is
true especially of the supreme and fundamental law. It has been observed that “the
Political or philosophical aphorism of one generation is doubted by the next and
entirely discarded by the third.” This being so, the Constitution must be able to
adjust to change, conforming itself to the needs of a society that must be dynamic if
it is to progress and endure. “The law must be stable,” so said Dean Pound, “but it
cannot stand still.” (Philippine Political Law by Justice Isagani A. Cruz, 1996 edition,

page 349)

Article XVII provides that the Constitution may be changed either by

amendment or revision. Amendment as we know refers to isolated or piecemeal


change only, as distinguished from revision, which is a revamp or rewriting of the

whole instrument.

There was mere amendment of the 1935 Constitution. But there was a
revision when the Constitutional Convention of 1971 rewrote the entire instrument
and produced the Constitution of 1973, which was in turn revised by the
Constitutional Commission with the adoption and passage of the Present

Constitution.

The 1987 Constitution provides for two steps in the amendatory process
(revision) of the Constitution. The first is the proposal and the second is the
ratification. The proposal is usually made either (a) directly by the Congress or (b)
by a Constitutional Convention. Furthermore, it also provides that Congress may, by
@ 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.

According to Justice Cruz, the last alternative is a plainly absurd procedure
that permits the members of the Congress to authorize the waste of public funds by
calling on their constituents to make a decision that is essentially addressed to the
legislators themselves. In effect, they are allowed to “pass the buck” simply

because they are unable to agree on the decision the people expect them to make.

And for the distinguished expert in the field, he suggested that, “where what

is intended is a mere amendment or change of particular provisions only, the


Proposal is better made by direct legislative action. This method will avoid the
unnecessary expenditure of public funds and the time that the calling of a
Constitutional Convention will entail. But if what is envisioned is the overhaul of the
entire constitution, it is advisable to entrust the task to a Constitutional Convention,
which will have more time, opportunity and presumably also the needed expertise to

discharge it.”

Taking the lead from an expert, what we need today in the revision of the
present charter is for Congress to call for a Constitutional Convention that certainly
and not just presumably, possesses the needed expertise to discharge the function

of changing the fundamental law.

Hence, this Bill, of which the necessity and immediacy of approving is of

highly importance.

DOY£. LEACHON


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

20
House Bil No,__ 1838

Introduced by Rep. Doy C. Leachon

AN ACT TO CALL FOR A CONSTITUTIONAL CONVENTION TO BE COMPOSED
OF ELECTED DELEGATES FROM EACH PROVINCE AND HIGHLY URBANIZED
CITIES, AND OF APPOINTED DELEGATES TO BE CHOSEN BY THE
PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES UPON THE
RECOMMENDATION OF AN ADVISORY COUNCIL TO PROPOSE
AMENDMENTS AND/OR REVISION OF THE 1987 CONSTITUTION, AND
APPROPRIATING FUNDS THEREFOR.

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled.

Section 1. It is hereby adopted to call a Constitutional Convention (Con-Con) to
Propose amendments and/or revision of the 1987 Constitution.

Section 2, The delegates in the Constitutional convention shall be filed by
appointment and election.

Section 2.A. There shall be 40 delegates from various sectors or field of expertise
to be appointed by the President upon the recommendation of the members of the
Con-Con Advisory Council.

Section 2.B.There shall be one (1) delegate for each province and highly urbanized
city to be directly elected by the qualified registered voters in the said locality.

Section 3. The members of the Con-Con Advisory Council shall be composed of:
1, Chief Justice as Chairperson
ri A member of the Senate chosen by the majority of its members as member

3. A member of the House of Representatives chosen by the majority of its
members as member

4. Secretary of Justice as member

5. Solicitor General as member


6. Representative of the Integrated Bar of the Philippines as member

7. Representative from the private sector to be appointed by the President as
member

Section 4. The Con-Con Advisory Council is hereby authorized to formulate its
own rules as to the qualifications and selection of those delegates to be endorsed for
appointment, as well as the manner of holding office of the delegates during their
tenure subject to the approval of the President.

Section 5. There shall be a special election of the delegates coming from the
Provinces and highly urbanized cities to be conducted by the Commission on
Elections.

Section 6. The appointment and election of the delegates shall be done within 90
days from the effectivity of this act.

Section 7. The delegates, upon the approval of their proposed amendments
and/or revision of the constitution, shall submit their Proposal to the filipino people
in a plebiscite to coincide with the regular election on the 2™ Monday of May in
2019.

Section 8. The Department of Budget and Management shall provide all the
necessary budgetary requirements in order to carry out the provisions intended by
this act.

Section 9. Effectivity,- This act shall take effect fifteen (15) days following its
Publication in two (2) newspapers of general circulation.

Approved.