Article XVII — Amendments or Revisions
How Can the Constitution Be Changed? Article XVII Explained
The 1987 Constitution can be changed — but not easily. Article XVII sets three difficult paths for constitutional amendments, all of which ultimately require ratification by the Filipino people through a plebiscite. No President, no Congress supermajority, no petition can bypass the final vote of the people.
Four sections that define “Cha-Cha” (Charter Change) — the process, the limitations, and why it has been attempted many times but never successfully completed since 1987.
What This Article Covers: Three modes of constitutional amendment — Congress (3/4 vote), Constitutional Convention (ConCon), and People's Initiative (12% of registered voters + 3% per district). All must be ratified by the people in a plebiscite. Amendment vs. revision distinction. 5-year limitation on amendments.
All 4 sections at a glance
Three modes to amend the Constitution
Official constitutional text
Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its Members; or
(2) A constitutional convention.
(3) Upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein. No amendment under this section shall be authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter.
The Congress shall provide for the implementation of the exercise of this right.
ELI5— what this means for you
The Constitution can be amended in three ways: (1) Congress proposes amendments through a 3/4 vote of all members; (2) a Constitutional Convention (ConCon) — either Congress votes to call one, or submits the question to a plebiscite; (3) People's Initiative — citizens can directly propose amendments if they gather signatures of at least 12% of all registered voters, with at least 3% per legislative district. Important: People's Initiative can only amend, NOT revise, the Constitution.
How a Constitutional Convention is called
Official constitutional text
The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention.
ELI5— what this means for you
Congress can call a ConCon by a 2/3 vote. Alternatively, Congress can ask the people in a plebiscite whether to call a ConCon or let Congress propose amendments instead. A ConCon is a special body elected separately to propose a new or amended constitution.
Ratification by the people
Official constitutional text
The Congress may, by a vote of three-fourths of all its Members, propose amendments to this Constitution. Such amendments shall be valid as part of this Constitution when approved by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendments.
ELI5— what this means for you
No amendment or revision takes effect unless ratified by a majority of votes cast in a plebiscite held not sooner than 60 days nor later than 90 days after the approval of such amendment or revision. The PEOPLE — through a plebiscite — have the final say on any constitutional change.
Limitation on timing of amendments
Official constitutional text
No amendment under Section 2 hereof shall be authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter.
ELI5— what this means for you
No amendment shall be authorized within 5 years following the ratification of this Constitution, nor oftener than once every 5 years thereafter. This prevents frequent tinkering with the Constitution.
The three modes of constitutional change
Mode 1: Congress
Vote required: 3/4 of all members of both chambers, voting separately
Congress proposes the amendment → ratification plebiscite (60-90 days later) → people vote
Can be used for both amendments and revisions
Mode 2: Constitutional Convention (ConCon)
Vote required: Congress calls ConCon by 2/3 vote OR submits the question to a plebiscite (simple majority of Congress)
ConCon delegates elected → ConCon proposes changes → ratification plebiscite → people vote
Can be used for full constitutional revision
Mode 3: People's Initiative
Vote required: 12% of all registered voters sign, with at least 3% per legislative district
Citizens collect signatures → COMELEC verifies → plebiscite → people vote
Can ONLY propose amendments, not full revision (Lambino v. COMELEC, 2006)
Final safeguard: No matter which mode is used, every constitutional amendment or revision requires ratification by a majority of votes cast in a national plebiscite. The Filipino people always have the final word.
Mandatory section
For OFWs / Para sa OFW
OFWs have the right to vote in constitutional plebiscites — your vote on any Cha-Cha plebiscite matters, especially for provisions affecting OFW rights and economic ownership rules.
- Overseas Absentee Voters registered under RA 9189 can vote in national plebiscites, including constitutional ratification plebiscites. Register at your nearest Philippine Embassy or Consulate.
- Many Cha-Cha proposals would change Article XII's economic provisions (60-40 rule, foreign ownership of land). As an OFW and Filipino citizen, you have a direct stake in these changes.
- Previous Cha-Cha attempts to shift to federalism would have changed how OFW remittances are distributed to regional governments and how OWWA and DMW are structured.
- Stay informed about any active constitutional amendment proposals through Senate.gov.ph, Congress.gov.ph, and reputable Philippine news outlets.
- Participate in public consultations on constitutional proposals — these are often held at Philippine consulates abroad when active proposals are being debated.
Real Filipino scenario
Jojo, 55, retired government employee
Jojo is approached by community organizers asking him to sign a 'People's Initiative' petition to amend the Constitution and allow foreigners to own land. They say only 200,000 signatures are needed. Jojo is unsure if this is legal or possible.
What Jojo should do
- Verify the number of signatures actually required (12% nationwide + 3% per district)
- Check if the proposed change is an amendment or revision at COMELEC (comelec.gov.ph)
- If you sign, make sure you understand what you are signing — read the petition carefully
- Engage in public debate about the proposal before signing
- Remember: even if signatures are gathered, YOU vote in the final plebiscite
What most Filipinos get wrong about this
MythThe President can amend the Constitution by executive order.
Truth: Absolutely not. Article XVII is the exclusive process for amending the Constitution. The President has no role in initiating amendments — that power belongs to Congress (3/4 vote), a ConCon, or a People's Initiative. Any presidential 'amendment' by EO would be unconstitutional and void.
MythPeople's Initiative can change anything in the Constitution.
Truth: The Supreme Court ruled in Lambino v. COMELEC (2006) that People's Initiative can only propose AMENDMENTS (targeted changes) — not a complete REVISION (wholesale rewriting) of the Constitution. A ConCon is required for a full constitutional revision.
MythCongress needs a simple majority to propose constitutional amendments.
Truth: Congress needs a 3/4 vote of all its members — that means 3/4 of all Senators AND 3/4 of all House members, voting separately. A simple majority is not sufficient. This high threshold protects the Constitution from easy political manipulation.
MythOnce Congress proposes an amendment, it automatically takes effect.
Truth: All amendments require ratification by the Filipino people through a plebiscite. Congress proposing an amendment is just the first step — the final say is with the people in a national vote. The amendment takes effect only upon ratification.
How to participate in constitutional debates
Participate in constitutional amendment debates
Any proposed constitutional amendment or revision is a major national issue. Engage your Senators and Representatives. Attend congressional hearings. Write to your legislators. Join civic organizations that advocate for or against proposed changes.
Vote in any constitutional plebiscite
When a constitutional amendment is put to a plebiscite, register to vote and participate. This is the people's direct check on constitutional change. Every registered voter has a say.
Support or challenge People's Initiative efforts
If a group is collecting signatures for a People's Initiative, verify the proposed change is a legitimate amendment (not a revision) and that the signatories understand what they are signing. Fraudulent or misleading signature campaigns can be challenged in court.
Monitor ConCon delegate elections if called
If a ConCon is called, delegates are elected. Participate in those elections as you would in any election. The quality of ConCon delegates determines the quality of constitutional proposals.
Frequently asked questions
What is the difference between amending and revising the Constitution?
An amendment is a targeted, specific change to one or a few provisions — like adding a section or changing a word. A revision is a wholesale or comprehensive change that fundamentally alters the Constitution's character or structure. People's Initiative can only do amendments. A full revision requires a ConCon or Congress proposing it through a 3/4 vote.
What is 'Cha-Cha' (Charter Change)?
Cha-Cha is the colloquial term for any attempt to change the 1987 Constitution. It has been proposed many times (under Ramos, Estrada, Arroyo, Duterte, and Marcos administrations) — primarily to shift to a parliamentary system, federalism, or to remove economic restrictions. As of 2026, no successful Cha-Cha has been ratified since the Constitution took effect in 1987.
Can the 60-40 ownership rule be changed by Cha-Cha?
Yes — if a constitutional amendment changing Article XII is proposed and ratified by the people. This is one of the main economic arguments for Cha-Cha — changing economic provisions like the 60-40 rule in public utilities to allow more foreign investment. Whether this is good or bad for Filipinos is a policy debate.
Can the single-term limit for President be changed?
Yes — if Congress proposes (3/4 vote), a ConCon proposes, or a People's Initiative proposes an amendment to Article VII Section 4, and it is ratified by the Filipino people. Changing the presidential term limit has been one of the most politically sensitive Cha-Cha proposals.
Sources
About the author
Written by Irvin Abarca with research support from Claude AI. Irvin is the founder of BatasKo, based in Dumaguete City.
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