04/02/2020
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which, if resolved, may bring an end to hostilities.
The President may not, of course, unilaterally implement the solutions that she
considers viable, but she may not be prevented from submitting them as
recommendations to Congress, which could then, if it is minded, act upon them
pursuant to the legal procedures for constitutional amendment and revision. In
particular, Congress would have the option, pursuant to Article XVII, Sections 1 and
3 of the Constitution, to propose the recommended amendments or revision to the
people, call a constitutional convention, or submit to the electorate the question of
calling such a convention.
While the President does not possess constituent powers - as those powers may be
exercised only by Congress, a Constitutional Convention, or the people through
initiative and referendum - she may submit proposals for constitutional change to
Congress in a manner that does not involve the arrogation of constituent powers.
In Sanidad v. COMELEC,[174] in issue was the legality of then President Marcos' act
of directly submitting proposals for constitutional amendments to a referendum,
bypassing the interim National Assembly which was the body vested by the 1973
Constitution with the power to propose such amendments. President Marcos, it will
be recalled, never convened the interim National Assembly. The majority upheld the
President's act, holding that "the urges of absolute necessity" compelled the
President as the agent of the people to act as he did, there being no interim National
Assembly to propose constitutional amendments. Against this ruling, Justices
Teehankee and Muñoz Palma vigorously dissented. The Court's concern at present,
however, is not with regard to the point on which it was then divided in that
controversial case, but on that which was not disputed by either side.
Justice Teehankee's dissent,[175] in particular, bears noting. While he disagreed
that the President may directly submit proposed constitutional amendments to a
referendum, implicit in his opinion is a recognition that he would have upheld the
President's action along with the majority had the President convened the interim
National Assembly and coursed his proposals through it. Thus Justice Teehankee
opined:
"Since the Constitution provides for the organization of the essential
departments of government, defines and delimits the powers of each and
prescribes the manner of the exercise of such powers, and the constituent
power has not been granted to but has been withheld from the President
or Prime Minister, it follows that the President's questioned decrees
proposing and submitting constitutional amendments directly to the
people (without the intervention of the interim National Assembly
in whom the power is expressly vested) are devoid of constitutional
and legal basis."[176] (Emphasis supplied)
From the foregoing discussion, the principle may be inferred that the President - in
the course of conducting peace negotiations - may validly consider implementing
even those policies that require changes to the Constitution, but she may not
unilaterally implement them without the intervention of Congress, or act in any
way as if the assent of that body were assumed as a certainty.
Since, under the present Constitution, the people also have the power to directly
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