Citing Article 17 of the Constitution, Alcantara said, “any amendments to, orevision of this Constitution may be proposed by the Congress upon a vote of three-fourths of all its members or a constitutional convention.”

He said the third mode of amending the Constitution based on Section 2 is through people’s initiative.

By issuing the EO, the petitioners said Malacañang violated the principle of separation of powers as it encroaches on the Congress’ sole power to revise the Constitution either by itself or through the creation of a Constitutional Convention, he said.

“If the Constitution did not give any role to the President – did not entrust to the Presidency any portion – in amending process, then that should be read clearly and unequivocally to mean that she should not try to influence, direct, condition or control the thinking of those expressly given the right. Yet, that is what precisely the President is trying to do with her EO 453,” the petition said.

The petitioners claimed that if Congress would agree to amend the Constitution, it would be up to the body and not to the President, to make the necessary studies and consultations with the people, the petitioners added.

Alcantara said the same could also be done by a Constitutional Commission if one were constituted thus the implementation of EO 453 would only preempt Congress in case it pushes through with proposed amendments of the Charter.

The petitioners further claimed that since the President has no role in the revision of the Constitution, her allocation of P10 million for the activities related to the implementation of EO 453 is illegal and therefore should be stopped.

“If the purpose for which she spends is not one for which she may validly commit people’s money, then that expenditure is illegal and must accordingly be enjoined at once, specially at these times when the country is admittedly experiencing great financial difficulties and the government is deeply stuck in a fiscal crisis of great proportions,” the petitioners said. (ECV/Sunnex)