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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH 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 through which amendments or 
revisions 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 revisions. 
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. 
1 Art. XVII Sec. 1, 1987 Constitution 
2 Art. XVII Sec. 3, 1987 Constitution 
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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 decided that the law intended to provide the mechanism for 
the People’s Initiative to revise the Constitution 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 society. 
The members of a Constitutional Convention are directly elected by the people 
and do not hold any other office. This ensures that national interest will prevail over 
the 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, Congress calls for a Constitutional Convention 
by a two-thirds (2/3) vote of all its Members. 
In view of the 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 
TWENTIETH 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 the revision or 
amendment of the Constitution is made genuinely inclusive and through a 
participatory process. The State shall also ensure the active participation of Filipinos 
in every phase of the process. The State shall further provide a means for the 
population to experience the basics 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 revisions 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 convened, 
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) 
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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 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 candidates 
for the election of delegates to the Constitution: 
 
All incumbent elected officials of the government, including but not limited to the 
President, Vice-President, Members of 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 delegate 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 


 
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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 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 a 
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, suspend 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 in the Philippines. 
 


 
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(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 a majority vote of all elected delegates. 
 
SEC. 15. Parliamentary Immunities – A delegate of the 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 held to any other place for any 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,