Philippine Bar review · Question

Practice question: Power to Propose Amendments to the Constitution

Multiple Choice Hard

Practice question

Congressional proponents expressly seek to amend the Constitution. Their proposal receives only sixty percent of all the Members under every possible method of counting, though more than three-fourths of those present vote for it. They claim that calling the measure an ordinary resolution removes the Article XVII threshold. Which answer is correct?
  1. The label eliminates every constitutional proposal requirement.
  2. A majority of those present always suffices for constitutional changes.
  3. The proposal has not met the three-fourths-of-all-Members threshold, regardless of its label.
  4. The Cabinet may supply the missing legislative votes.
  5. High public approval automatically supplies the required congressional vote.

Legal references

  • 1987 Constitution, Article XVII Section 1(1): https://lawphil.net/consti/cons1987.html
  • Gonzales v. COMELEC, November 9, 1967, main decision, constitutional source and limits of constituent action: https://lawphil.net/judjuris/juri1967/nov1967/gr_l-28196_1967.html

Answer this question in flashcards to review your response and continue practicing.