Doctrine of Proper Submission (Constitutional Law)

Doctrine of Proper Submission

Amendments cannot be submitted to the people in a piecemeal fashion wherein the other amendments are to follow. The people should have a frame of reference from which to read the amendments being proposed. (Tolentino vs COMELEC)

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I. Nature of the Constitution

Purposes of  the Constitution:

1.     to prescribe the framework of a system of government

2.     to assign to the several departments their respective powers and duties

3.     to establish certain fixed principles on which government is founded

Classification of the Constitution:

1.     written

2.     conventional

3.     rigid

Essential Qualities of the Written Constitution:

1.     broad

2.     brief

3.     clear

Essential Parts of the Written Constitution:

1.     constitution of liberty

2.     constitution of government

3.     constitution of sovereignty

2 steps in the amendment or revision of our Constitution:

1.     Proposal

1.     Constituent Assembly (vote of ¾ of Congress)

2.     Constitutional Convention (call by 2/3 vote of Congress, or thrown to people by majority vote of Congress)

3.     People's Initiative [Amendment only] (12% of registered voters with 3% of registered voters in each legislative district)

2.     Ratification (majority of the votes cast in the plebiscite; 60-90 days)

Judicial Review of Amendments

The amending process, both as to proposal and ratification, raises a judicial question (Sanidad vs COMELEC)

Doctrine of Proper Submission

Amendments cannot be submitted to the people in a piecemeal fashion wherein the other amendments are to follow. The people should have a frame of reference from which to read the amendments being proposed. (Tolentino vs COMELEC)