04/02/2020
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Any legally binding commitment to amend the Constitution can only come from the
political institutions and the sovereign people who are empowered by the charter to
amend the Constitution. The President nor any other member or office of the
executive branch does not have the power to effect changes to the Constitution even
if he wanted to in the paramount interest of the country and of the people. Any
commitment to any entity on the part of the President or his political appointees to
amend the Constitution is inherently ultra vires, because the Executive Branch does
not have the innate power to effectuate such changes on its own. Neither does the
President have the power to bind to positive action those whom the Constitution
entrusts the power to amend the charter, namely; the Congress, the delegates to a
constitutional convention, and the electorate.
Constitutional order cannot be sacrificed for expediency, even if in the name of
peace in Mindanao. Assuming that the executive branch has in good faith become
intractably convinced that it is necessary to amend the Constitution in order to
obtain lasting peace in Mindanao, the consequent step should not be to make
promises it has no power alone to keep, hoping against hope that the Congress and
the voters would ultimately redeem the promises. Since constitutional amendments
are involved, the ability of the executive branch to undertake any legally binding
commitment to amend the Constitution can only be recognized, if at all, with the
prior appropriate authorization of Congress, acting with the specified majorities
provided in Section 1(1), Article XVII of the Constitution.[40] Under such a
mechanism, any constitutionally-oriented concessions offered by the Philippine
government would contemporaneously bear the preliminary seal of approval by the
people or institutions authorized to propose amendments to the Constitution, subject
to final ratification by the people through a plebiscite.
The Government would have been spared of the embarrassment and outcry had it
acted with more prudence by first securing the necessary political mandate to
undertake charter change for the benefit of Mindanao, instead of acting brashly and
rashly by acceding at the outset to the undertaking without consulting the Congress
or the people. In the end, the issuance of the TRO by this Court proved highly
providential, as even the Government wound up seeing the proverbial light before it
was too late.
With the foregoing qualifications, I vote to dismiss the petitions and register my
dissent from the result reached by the majority.
[1] I. CRUZ. CONSTITUTIONAL LAW (2007 ed.), at 23. See ALSO R. MARTIN,
PHILIPPINE CONSTITUTIONAL LAW (1954 ed.), at 56-57.
[2] V. MENDOZA, JUDICIAL REVIEW OF CONSTITUTIONAL QUESTION: CASES AND
MATERIALS (2004 ed.), at 107.
[3] 337 Phil. 654, 658 (1997).
[4]
G.R.
No.
178830,
14
July
2008.
Available
http://www.supremecourt.gov.ph/jurisprudence /2008/july2008/178830.htm.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263
at
151/203
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