Plebiscite
Plebiscite
an electoral process by which an initiative on the constitution is approved or
rejected by the people (R.A 6735, Sec 3, par (e)).
The means by which the voter in affected areas consent or object to the change in
the form of local government.
May a plebiscite be held on the same day as the regular election?
Yes. Plebiscite may be held on the same day as the regular election provided
that the people are sufficiently informed of the amendments to be voted upon, to
conscientiously deliberate thereon, to express their will in a genuine manner
(Gonzales v. Comelec, G.R. No. L-28196, November 9, 1967)
Initiative
People’s Initiative - power of the people to propose amendments to the
Constitution or to propose or enact legislation through an election called for the
purpose. (R.A. no. 6735, Sec 3, par. (a))
Requisites for the exercise of people’s initiative
1. There must be a petition - A petition must be filed to formally request
changes to the constitution or laws.
2. Full text of the proposed changes must be in the petition itself and it may be
either written on the face of the petition, or attached to it;
3. Petition must be signed by at least 12% of the total number of registered
voters, of which every legislative district must be represented by at least 3%
of the voters registered therein;
4. There must be an enabling law- An existing law must provide the legal
framework for the people’s initiative process.
5. People’s initiative may be exercised by the people once every 5 years;
6. Petition must be signed personally by the people
7. It shall cover only amendments and not revisions
Classes of People’s Initiative
Initiative on the Constitution - petition proposing amendments to the constitution
Initiative on Statutes- petition proposing to enact a national legislation
Initiative on Local Legislation -petition proposing to enact regional, provincial,
city, municipal or baranggat law, resolution or ordinance
Limitations on the exercise of the local initiative
Referendum
Referendum- The power of the electorate to approve or reject legislation through
an election called for that purpose. (RA No. 6735, Sec 2 (c))
Classes of Referendum
Referendum on Statutes- to approve or reject an act or law, or part thereof, passed by
Congress;
Referendum on Local Laws- LOCAL REFERENDUM
is the legal process whereby the registered voters of the local government units
may approve, amend, or reject any ordinance enacted by the Sanggunian (LGC,
Sec. 126).
Who exercise the power of local referendum,
May be exercised by all registered voters of the province, cities, municipalities and
barangays. (LGC Sec 121)
When can the local referendum be held
Shall be held under the control and direction of the COMELEC within:
1 . 60 days provinces;
2. 45 days -municipalities; and
3. 30 days - barangays (LGC, Sec. 126).
Initiative v. Referendum
Recall
Recall - Recall is a mode of removal of a public officer by the people before the
end of his term of office.
- method of removal where the people exercise their suffrage and express their
loss of confidence in a public officer:
NOTE: Recall only applies to local elective officials.
Initiation of recall process:
By a petition of a registered voter supported by:
● 25% of registered voters if LGU has voting population of not more than
20,000.
● 20% of registered voters if LGU has voting population of 20,000 to 75,000.
In no case shall petitioners be less than 5,000.
● 15% of registered voters if LGU has voting population of 75,000 to 300,000.
In no case shall petitioners be less than 15,000.
● 10% of registered voters if LGU has voting population of more than
300,000. In no case shall petitioners be less than 45,000. [Sec. 70, LGC]
Effects on official sought to be recalled:
● Automatically considered as candidate and is entitled to be voted upon [Sec.
71, LGC];
● Not allowed to resign while recall process is in progress [Sec. 73, LGC].
Effectivity of recall
Upon election and proclamation of a successor or the candidate receiving the
highest number of votes cast during the election on recall [Sec. 72, LGC].
Limitations on Recall
Any elective local official may be the subject of a recall election only once during
his term of office for loss of confidence.
No recall shall take place within 1 year from the date of the official’s assumption to
office or 1 year immediately preceding a regular local election
To illustrate
Let’s say Mayor Juan Dela Cruz takes office on July 1, 2024.
● First Year Restriction: A recall cannot happen until July 1, 2025, because the
Philippine Constitution prohibits recall within the first year of office.
● Recall Attempt: If citizens want to recall him on August 1, 2025, they can proceed, as
it’s after the 1-year mark.
● One Year Before Regular Election: If the regular local elections are in May 2028, no
recall can happen between May 2027 and May 2028, to avoid interfering with the
upcoming election.
