Gabrillo, John Angelo M. JDLWTW1 Atty.
Neil B. Nucup Exercise# 1 Statement1: “The House of Representatives, evenwithout the Senate, can revise the Constitution.Statement2: “In the event the Senate attends theconstituent assembly, the House of Representatives and the Senate shall votejointly rather than separately.” Statement 2 is a political questionwhile statement 1 is not. Congress, being composed of 2 legislative chambers toexclude one would result in an incomplete Congress. However, this depends onhow the Supreme Court sees it—whether there is a need for a quorum for theentire Congress (297 Representatives and 24 Senators) or if similar to the caseof Tanada v. Cuenco1,the number is immaterial provided that the quorum be met.
Regarding statement 2, the 1935 Constitutionexpressly stated that the “Congress, injoint session assembled, by a vote of all the Members of the Senate and theHouse of Representatives voting separately, may propose amendments to thisConstitution or call a convention for the purpose.2″Comparing the provision from 1935 to the current corresponding provision,it is evident that the words “votingseparately” were removed. The question we face is if the words “voting separately” were intentionallydeleted or if it was due to oversight.
By looking into the other instances inwhich the Senate and the House of Representatives are required to vote, it isclearly indicated as to whether or not they are to vote separately34 or jointly567. Oversight is unlikely since the framers were clearin terms of when to vote jointly and when to vote separately. In the silence ofthe constitution, it will be up to the houses to decide whether or not theyshould vote jointly or separately. 1 103 Phil.
10512SEC. 1, ART. XV, 1935 CONST.
(Amended)3 SEC. 4, ART. VII, CONST.
4 SEC. 9, Id.5 SEC. 28(4), ART. VI, Id.
6 SEC. 18, ART. VII, Id.
7 SEC. 19, Id.