Constituent Assembly is a body composed to draft or adopt a constitution. Basically, they can create a new or make changes in an existing constitution. They create changes or new constitution through "internally imposed" actions. In the case of the Philippines, the assembly can create changes on the constitution that would prolong the incumbent president's term (which people does not want to happen).

Constituent assembly or "con-ass" is one of the three modes in which the 1987 Constitution of the Philippines could be amended or revised. The other two modes are via People's Initiative and Constitutional Convention. The bicameral Philippine Congress (Senate and the House of Representatives) is in a Constituent assembly mode when they formally convene to propose amendments or revisions to the 1987 constitution; and under Article XVII of the Constitution of the Philippines, upon a vote of three-fourths of all its Members. The process of amending or revising the 1987 constitution of the Philippines is popularly known to many Filipinos as Charter Change. Any proposed amendment or revision to the 1987 Constitution shall only be valid when ratified by the majority of Filipinos in a plebiscite.

The Constitution of the Republic of the Philippines


Executive Summary: The 1987 Constitution, composed of a preamble and 18 articles, establishes the Fifth Philippine Republic and restores the presidential form of government. It also limits the term of office of the President to one six-year term. The Constitution allows the President to proclaim martial law or suspend the privilege of the writ of habeas corpus for a period not exceeding 60 days in the event of an invasion or rebellion. However, a majority of the members of Congress, voting jointly, may revoke such declaration or suspension. A bicameral Congress replaces the unicameral Batasang Pambansa of the 1973 Constitution. Congress, consisting of the Senate and the House of Representatives, exercises legislative and non-legislative functions. Among its most important functions is to declare a state of war. Judicial power is vested in the Supreme Court and other lower courts established by law. The Judicial and Bar Council submits to the President a list of nominees for appointment to the Supreme Court and to the lower courts. The Constitution creates the autonomous regions in Muslim Mindanao (Autonomous Region in Muslim Mindanao- ARMM) and in the Cordilleras (Cordillera Autonomous Region - CAR), the Commission on Human Rights, the Judicial and Bar Council, and the Office of the Ombudsman. The Constitution institutionalizes the legislative power of the people through a system of initiative and referendum, and also the power to propose constitutional amendments. The Constitution tasks Congress with the enactment of a land reform law and a local government code. Filipino is declared as the national language. Section 25 of the Transitory Provisions prohibits the establishment of foreign military facilities except under a new treaty duly concurred in by the Senate. Check and balance mechanisms among the three equal branches of government are provided for.

CHARTER CHANGE

Charter Change, also known as "Cha-Cha" in the Philippines, refers to the political and other related processes involved in amending or revising the current 1987 Constitution of the Philippines. Under the current constitution there are three modes of which it could be amended: people's initiative (PI), constituent assembly and constitutional convention. All three would lead to a referendum wherein the proposed amendment/s or revision/s has to be approved by the majority of Filipinos in order to be adopted.