[OPINION] The First Mode conundrum

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To be clear then, the 1987 Constitution prescribed only three modes to amend or revise it. As per Article XVII, they are the following:Via People’s Initiative As for the third mode, the 1987 Constitution clearly commands Congress to enact a law “for the implementation of the exercise of this right.” Effectively, there is no law yet, hence people’s initiative is not an available option. Notably, Sen. Koko Pimentel recently filed Senate Bill No. 2595 or the proposed People’s Initiative and Referendum Act of 2024.

This means amendment or revision proposals are to be treated like a regular bill where one chamber considers it first and thereafter transmits it to the other chamber. This process accounts for possible differences between the Senate and the House of Representatives and hence, some kind of “bicam mechanism” is needed at the end.: “What I would call the fourth mode is Charter change through Congress doing it as two houses in separate sessions.

Pertinently, former president Rodrigo Duterte also tried to operationalize the first mode using a different approach. He first organized a technical working group to draft a federal constitution. The Consultative Committee headed by former chief justice Reynato Puno produced theThe plan was for then-president Duterte to endorse this to Congress in his 2018 State of the Nation Address with an instruction to consider it as a replacement to the 1987 Constitution. This did not eventuate, of course.

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