Laws & Jurisprudence
INITIATIVE AND REFERENDUM (RA 6735)
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INITIATIVE
It
is the power of the people to propose amendments to the Constitution or to
propose and enact legislation.
THREE
(3) KINDS OF INITIATIVE UNDER R.A. 6735
1. Initiative on the Constitution—refers to a petition proposing
amendments to the Constitution
2. Initiative on statutes—refers to a petition to enact a
national legislation
3. Initiative on local legislation—refers to a petition proposing to
enact a regional, provincial, municipal, city, or barangay law, resolution or
ordinance (Section 2 [a], R.A. 6735)
Section 2 (b)
of R.A. 6735 provides for:
1. Indirect Initiative‐ exercise of initiative by the
people through a proposition sent to Congress or the local legislative body for
action
2. Direct Initiative‐ the people themselves filed the
petition with the COMELEC and not with Congress.
RULE ON
LOCAL INITIATIVE
In case of:
1.
Autonomous
regions ‐ not less than 2,000 registered voters
2.
Provinces
and Cities – not less than 1,000 registered voters
3.
Municipalities
– not less than 100 registered voters
4.
Barangays
– not less than 50
may file a
petition with the Regional Assembly or local legislative body, respectively,
proposing the adoption, enactment, repeal, or amendment, of any law, ordinance
or resolution. (Sec. 13 RA 6735)
LIMITATIONS ON LOCAL
INITIATIVE
1.
The power of
local initiative shall not be exercised more than once a year;
2.
Initiative shall
extend only to subjects or matters which are within the legal matters which are
within the legal powers of the local legislative bodies to enact; and
3.
If any time
before the initiative is held, the local legislative body shall adopt in
toto the proposition presented, the initiative shall be cancelled. However,
those against such action may if they so desire, apply for initiative.
Is the initiative to change the Constitution
applicable to revision?
No.
An initiative to change the Constitution applies only to an amendment. Revision
broadly implies a change that alters basic principle in the Constitution like
altering the principle of separation of powers or the system of checks and
balance. The initiative of the petitioners is a revision and not merely an
amendment. (Lambino vs. COMELEC, G.R. No. 174153, 25 October 2006)
REFERENDUM
It
is the power of the electorate to approve or reject legislation through an
election called for that purpose.
TWO (2) CLASSES OF
REFERENDUM
1.
Referendum on Statutes‐ refers to a petition to approve or
reject a law, or part thereof, passed by Congress
2.
Referendum on Local Law‐ refers to a petition to approve or
reject a law, resolution or ordinance enacted by regional assemblies and local
legislative bodies.
The following cannot
be subject of an initiative or referendum:
1.
Petition
embracing more than one subject shall be submitted to the electorate.
2.
Statutes
involving emergency measures, the enactment of which is specifically vested in
Congress by the Constitution, cannot be subject to referendum until 90 days after their effectivity. (Sec. 10 RA 6735)
Source:
Bernas, Joaquin G. The 1987
Philippine Constitution: A Comprehensive Reviewer.
Cruz, Isagani A. Philippine
Political Law.
Nachura, Antonio B. Outline /
Reviewer in Political Law.
Albano, Ed Vincent S.
Political Law Reviewer.
Bernas, Joaquin G. The 1987
Constitution of the Republic of the Philippines: A Commentary.
UST Reviewer on Political Law
San Beda Reviewer on Political Law
UP reviewer on Political Law
http://www.lawphil.net
http://sc.judiciary.gov.ph
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The author takes no responsibility for the validity, correctness and result of this work. The information provided is not a legal advice and it should not be used as a substitute for a competent legal advice from a licensed lawyer. See the disclaimer
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