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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No._____ 
Introduced by: Congressman BIENVENIDO M. ABANTE, JR. 
“AN ACT CONSTITUTING A CONSTITUTIONAL CONVENTION TO AMEND THE 1987 
PHILIPPINE CONSTITUTION, DEFINING QUALIFICATION FOR ITS DELEGATES, 
APPROPRIATING THEREOF” 
EXPLANATORY NOTE 
Our 1987 Constitution identified three modes to which amendments or revision can be 
processed, to wit: Constitutional Assembly; Constitutional Convention, or by a People’s 
Initiative. 
The Supreme Court in the case of Lambino v. COMELEC, GR no. (174153, 25 Oct. 2006) 
explained that amendment is an addition or change within the lines of the original constitution 
as will effect an improvement, or better carry out the purpose for which it was framed; It is a 
change that adds, reduces or deletes without altering the basic principles involved; It affects only 
the specific provision being amended. On the other hand, Revision is a change that alters a basic 
principle in the constitution, like altering the principle of separation of powers or the system of 
checks-and-balances; It alters the substantial entirety of the constitution, as when the change 
affects substantial provisions of the constitution. Congress as a constituent assembly or a 
constitutional convention can propose both amendments and revision.  
Congress may convene itself into a Constitutional Assembly upon the vote of three-
fourths of its members1. Congress may call for a Constitutional Convention with a vote of two-
thirds of its members. Congress may also by a majority vote let the electorate decide on the mode 
through a referendum2. 
However, the People’s Initiative is no longer feasible because as early as 1997, in the case 
of Defensor-Santiago v. COMELEC (GR No. 127325, 19 March 1997), the Supreme Court already 
1 Art. XVII Sec. 1, 1987 Constitution 
2 Art. XVII Sec. 3, 1987 Constitution 
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decided that the law intended to provide the mechanism for People’s initiative to revise the 
Constitutional is not sufficient. A people’s initiative to change the Constitution applies only to its 
amendment, not to its revision.  
Thus, there are only two options available to revise the Constitution: Congress as a 
constituent assembly or a constitutional convention. Between these two options, a constitutional 
convention is much preferred because it requires the direct election of the delegates by the people 
from the different districts and sectors of the society. 
The members of a Constitutional Conventional are directly elected by the people and do 
not hold any other office. This ensures that national interest will prevail over vested interests of 
incumbent officials. Delegates are elected based on their knowledge and qualifications for the 
sole purpose of amending or revising the Constitution. They will be more focused on the job of 
producing a well-crafted Constitution. 
It is herein proposed. Therefore, that Congress call for a Constitutional Convention by 
two-thirds (2/3) of the vote of all its Members. 
In the view of foregoing, approval of this bill is earnestly requested. 
BIENVENIDO M. ABANTE, JR. 


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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No._____ 
Introduced by: Congressman BIENVENIDO M. ABANTE, JR. 
“AN ACT CONSTITUTING A CONSTITUTIONAL CONVENTION TO AMEND THE 1987 
PHILIPPINE CONSTITUTION, DEFINING QUALIFICATION FOR ITS DELEGATES, 
APPROPRIATING THEREOF” 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: 
SECTION 1. Short Title. — This Act shall be known as the "Constitutional Reform Act.“ 
SEC 2. Declaration of Policy. - The State shall ensure that in the revision or amendment of 
the Constitution is made genuinely inclusive and a participatory process. The State shall also 
ensure the ardent participation of Filipinos in every phase of the process. The State shall further 
provide a means for the population to experience the basic of democratic governance and learn 
about relevant international principles and standards, thus raising expectations for further 
popular engagement and transparency in governance. The State shall furthermore provide the 
voters not only sufficient time but ample basis for an intelligent appraisal of the nature, specific 
and extent of any proposed amendments or revision as well as its relation to other parts of the 
Constitution with which it has to form a harmonious whole. 
SEC.3. Powers and Functions. -The Constitutional Convention once convene, becomes 
endowed with extraordinary powers generally beyond the control of any departments of the 
existing government. The compass of such power is co-extensive only with the purpose for which 
the convention was called. Whatever it may propose cannot have any as part of the Constitution 
until the same are duly ratified by the people. The acts of convention, its officers and members, 
however, are not immune from attack on constitutional grounds.  
SEC.4. Date of Election for Constitutional Convention Delegates. – There shall be an election 
of delegates to a Constitutional Convention simultaneous with the holding of the next Barangay 
Elections. The Commission on Elections shall within thirty (30) days from the enactment of this 
Act, promulgate the rules and regulations necessary for the elections of the delegates to the 
Constitutional Convention. 
SEC.5. Composition and Term of the Constitutional Convention. — In order to ensure greater 
people’s participation and representation, there shall be one -The Constitutional Convention shall 
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be composed of one (1) delegate from every legislative district. The Commission on Elections 
shall within thirty (30) days from the enactment of this Act, promulgate the rules and regulations 
necessary for the elections of the delegates to the Constitutional Convention. 
 
SEC. 6. Funding – An initial appropriation of Five Hundred Million Pesos (Php 
500,000,000.00) is hereby appropriated for the initial steps to facilitate the election of delegates to 
the Convention. Thereafter, the Department of Budget and Management (DBM) shall submit a 
recommendation to Congress for budgetary requirements of this Act as specified in Section 16 
hereof.  
 
SEC. 7. Qualifications. – No person shall be elected a delegate of the Constitutional 
Convention unless he is a natural born citizen of the Philippines and, on the day of the election, 
is at least thirty-five (35) years of age, a qualified voter, of recognized probity, nationalism and 
patriotism  
 
SEC. 8. Disqualifications. – The following are disqualified from being a candidate for the 
election of delegates of the Constitution: 
 
All incumbent elected officials of the government, including but not limited to the President, Vice-
President, Members of the Congress, and local government officials. Any person who has been 
declared by competent authority as insane or incompetent, or has been sentenced by final 
judgment for subversion, insurrection, rebellion or for any offense for which he has been 
sentenced to a penalty of more that eighteen (18) months or for a crime involving moral turpitude, 
shall be disqualified to be a candidate for the Constitutional Convention, unless he has been given 
plenary pardon or granted amnesty. 
 
 
SEC. 9. Future disqualifications – Any person elected as a delegated of the Constitutional 
Convention shall not be eligible to run for any public office or position in the first national and 
first local elections to be held after the ratification of the new Constitution. Further, no elected 
delegate of the Constitutional Convention shall be appointed to any public office or position 
while the Constitutional Convention is in session. 
 
 
SEC. 10. Oath of the delegates – Delegates of the Constitutional Convention shall qualify 
and assume office by taking the following oath or affirmation: 
 
“I, (name of delegate), do solemnly swear and affirm that I shall faithfully and conscientiously 
fulfill my duties as Delegate of the Constitutional Convention by drafting a fundamental law 
truly reflective of the ideas and aspirations of the Filipino people. I shall endeavor to complete 
the work of the Constitutional Convention within the period provided by law. I undertake not to 
run for any office in the first local and national elections to be held after the ratification of the 
Constitution that the Constitutional Convention will propose. And I swear to preserve and 
defend the duly ratified Constitution of the Republic of the Philippines. So help me God.” 
 
 
SEC. 11. Administrative Support and Technical Assistance – All government entities, agencies 
and instrumentalities, including the Senate and House of Representatives, shall place at the 
disposal of the Convention such personnel, premises, and furniture thereof as can, in their 


 
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judgment, be spared without detriment to the public services, without cost, refund or additional 
pay. 
 
 
SEC. 12. No Restraining Order or Preliminary Injunction – Except for the Supreme Court, no 
court of the Philippines shall have jurisdiction to issue any restraining order or writ of 
preliminary injunction against the Constitutional Convention in any case or dispute arising from 
or necessary to the application and enforcement of the provision of this Act. 
 
 
SEC. 13. Who May Convene – (1) The Chairman of the Commission of Elections, assisted 
by the Secretaries General of the Senate and the House of Representative, shall take charge of all 
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 its opening session until 
a presiding officer is elected by the Convention from the delegates. The election of a chairman 
and presiding officer from among the delegates shall be the first order of business. The 
Convention shall be deemed organized upon the election and qualification of a Chairman and 
presiding officer. The Convention shall choose such other officers, as it may deem necessary.  
 
 
SEC. 14. Rules and Quorum –  
 
(1) A majority of all delegates shall constitute a quorum to do business, but smaller number 
may meet, adjourn from day to day, and compel the attendance of absent delegates in 
such a manner and under such penalties as the Convention may provide. 
 
(2) The Convention may determine the rules for the effective and efficient conduct of its 
purpose and proceedings, punish delegates for disorderly behavior, and with the 
concurrence of two-thirds (2/3) of all delegates suspends or expel a delegate. A penalty 
of suspension shall not exceed thirty (30) days. 
 
(3) The plenary sessions of the Convention, including the meetings of its committee, shall be 
public and duly recorded. It may hold its session in any place of the Philippines. 
 
(4) The Convention shall conduct public hearings, in groups or committees, to ensure that the 
Filipino people will have adequate and sustained participation in the formulation of 
proposed amendments to the Constitution. 
 
(5) The Convention shall keep a journal of its proceedings and from time to time publish the 
same. The public shall have full access to the records of proceedings of the Convention. 
The rules of the Constitutional Convention must be completed by the delegates of the 
Constitutional Convention within a period of thirty (30) days from the time the delegates 
take their oath. The rules shall be approved by majority vote of all elected delegates. 
 
SEC. 15. Parliamentary Immunities – A delegate of Constitutional 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. Further, a delegate 
of the Constitutional Convention shall not be questioned nor be held any other place for any 


 
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speech or debate in the Constitutional Convention, in any committee thereof, or in any public 
hearing conducted by the Constitutional Convention or any committee thereof whenever held. 
 
 
SEC. 16. Appropriations. – For the implementation of this Act, the amount of Two Billion 
Pesos (Php.2,000,000,000.00) shall be appropriated to the Constitutional Convention. This whole 
amount shall be made available to the Constitutional Convention in a timely manner. Each 
delegate of the Constitutional Convention shall receive a per diem of not less than Five Thousand 
Pesos (Php.5,000.00) for every day of attendance in the Constitutional Convention or of any of its 
committees, and, to necessary traveling expenses to and from his residence when attending the 
sessions of the Constitutional Convention or of any of its committees. Every delegate to the 
Constitutional Convention shall be allowed to hire the necessary technical and administrative 
staff or personnel to serve during the duration of the Constitutional Convention unless sooner 
terminated at the discretion of the delegate.  
 
 
 
SEC. 17. Ratification – The amendments to or revision of, the Constitution proposed by the 
Constitutional Convention shall be valid when ratified by a majority of the votes cast in a 
plebiscite which may be held simultaneous with the national and local election or not earlier than 
sixty (60) days nor later than ninety (90) days after the approval of such amendments or revision, 
whichever comes first. 
 
 
SEC. 18. Effectivity Clause – This Act shall take effect fifteen (15) days after  its publication 
in at least  two (2) newspapers of general circulation. 
 
 
Approved,