PLAI

Public chat

Is charter change possible for President Marcos?

Default modelResearch answer

In short

Charter change (meaning proposals to amend the Constitution) was possible for President Marcos in the constitutional “transition” setting addressed by *Sanidad v. Commission on Elections*, because Marcos could convene the interim National Assembly that could then propose amendments.

Explanation

  • If you mean President Marcos’s actions in the transition setting addressed by Sanidad v. Commission on Elections, then charter change proposals were possible through the interim National Assembly, because the Court says the interim National Assembly had the amending power and the incumbent President had discretion on when to convene it. (Sanidad v. Commission on Elections, G.R. No. L-44640 (1976-10-12))
  • If you mean charter change under the 1987 Constitution as it works today, then the Constitution itself limits the proposal stage to Congress (three-fourths vote of all Members) or a constitutional convention, or to people’s initiative with the specific petition thresholds and district representation. The sources you provided do not show any presidential role in proposing amendments under the 1987 Constitution. (1987 Constitution, Article XVII, Sections 1 and 2)
  • Even when amendments are properly proposed under the 1987 Constitution, validity requires plebiscite ratification by a majority of votes cast, with the plebiscite scheduled within the 60–90 day windows stated in Article XVII, Section 4. (1987 Constitution, Article XVII, Section 4)
  • The sources do not settle whether President Marcos could initiate or propose amendments directly under the 1987 Constitution’s process, because the case law you provided reaches President Marcos in the earlier transition framework, and the 1987 text points to Congress/constitutional convention/initiative as proposers. (Sanidad v. Commission on Elections, G.R. No. L-44640 (1976-10-12); 1987 Constitution, Article XVII, Sections 1 and 2)
  • a constitutional provision is among the sources and controls over any conflicting statute
This is general legal information, not legal advice.

Open this chat and ask a follow-up · or ask your own question