Revision- Only congress or a constitutional convention may propose.
People’s initiative may propose only amendments to the constitution.
Intent- intent and language is to withhold from the people the power to propose revision to the constitution.
May a constitutional revision be effected through a people’s initiative? No. The constitution provides for only 2 ways as
to how revision may be effected: either through the congress, upon a vote of ¾ of all its members of through a
constitutional commission.
Procedure to amend or revised the constitution: (Art. XVII of 1987 Constitution)
1. Proposal- Adaption of the suggestive change in the constitution. (Sec. 1-3 , Art. XVII )
2. Ratification- The proposal is submitted to the people and shall be deemed gratified by a majority of the votes
cast in the plebiscite.
What is Plebiscite? - Electoral process by which an initiative on the constitution is approve or rejected by the people.
When to hold the plebiscite? – Not earlier than 60 days nor later than 90 days.
a. After the approval of the proposal by congress of constitutional convention; or
b. After certification of the Comelec of sufficiency of the petition of the people.
A proposed may come from:
1. Constitutional Convention
- which may be called into existence either by a vote of atleast 2/3 of all its members or in case of failure to obtain
the same and by a majority vote of all its members, to submit to the electorate the question of calling a
constitutional convention. The Constitutional Convention is independent and co-equal to other departments.
( Mabanag vs. Vito, G.R.No. L-1123 ; 1947)
2. Congress acting as Constituent Assembly
-Congress as acting as constitutional Assembly may proposed an amendment or Revision by a vote of ¾ of all its
members. (¾ of all members of the HOR and ¾ of all the members of the senate who are voting separately separately. )
General Rule: May propose any change in the constitution.
Exception: May not propose anything inconsistent with jus cogens norms ( Like in the case of Planas vs. Comelec; G.R.
No.L-35925; 1973
3. People’s Initiative.
- Upon a petition of at least 12% of the number or the registered voters of which every legislative district must be
represented by at least 3% of the registered voters therein.
2 essential requisites of a valid proposal from the people to amend the constitution:
1. The people themselves must author, and personally signed the entire proposal.
2. The entire must be embodied in the petition.
This is to ensure that the person’s voting is making an informed choice as to the contents of the possible
amendments that they are authorizing.
2 Limitations on people’s initiative:
1. No amendment shall be authorized within 5 years following the ratification of the 1987 constitution, nor more
than once every 5 years thereafter.
2. Constitutional provision on amendments via people’s initiative is not self-executory ( Santiago v. COMELEC; G.R.
N. 127325; !997 )
R.A. 6735 otherwise known as “Initiative and Referendum Act “
Referendum- allows the people to approve or reject laws passed by Congress. Once a law is enacted, a referendum can
be called to let the public decide whether the law should stand or be repealed.
Referendum:
- Power of the electorate to approve or reject a legislation through an election called for the purpose.
- Referendum on Statutes
- Referendum on Local Laws
Initiative- is the power to:
- Propose amendment to the constitution.
- Enact legislation.
Indirect Initiative- Send a proposition to congress or the local legislative body for action.
3 Systems of Initiative:
1. Initiative on the constitution
- A petition proposing amendments to the constitution. A petition for initiative on the 1987 Constitution must
have at least 12% of the total number of registered voters as signatories of which every legislative district must
be presented by at least 3% of the registered therein.
2. Initiative on Statutes - A petition proposing to enact a national legislation. To exercise the power of initiative or
referendum, at least 10% of the total number of the registered voters, of which every legislative district is
represented by at least 3% of the registered voters thereof, shall sign a petition for the purpose, and register the
same with the commission.
3. Initiative on Local Legislation- A petition to proposing to enact a regional , provincial , city, municipal, or
barangay law , resolutions, or ordinance.
Law, resolutions, or ordinance in a province or city:
- Have at least 10% of the total registered voter , in every legislative district must be represented by atleast 3% of
the registered voters therein.
- If province or city is composed of only 1 legislative district. Each municipality in a province or barangay in a city
should be representative by at least 3% of registered voters.
