Topic: Initiative and Referendum under the Legislative Department – Philippine Political Law

Constitutional Foundation: The concepts of initiative and referendum in the Philippines are rooted in the principle of direct democracy, whereby citizens can participate in lawmaking, amending, or repealing laws without necessarily going through their representatives in Congress. The 1987 Philippine Constitution explicitly recognizes these mechanisms in Article VI, Section 32:

"The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition thereto, signed by a required number of qualified voters."

This section directs Congress to create the enabling law that implements the systems of initiative and referendum.

Republic Act No. 6735 – The Initiative and Referendum Act

To comply with the mandate of the 1987 Constitution, Congress enacted Republic Act No. 6735, also known as “The Initiative and Referendum Act.” This law governs the procedures and systems by which the people can exercise their sovereign power to directly propose, enact, amend, or repeal laws through initiative or to approve or reject laws through a referendum.

I. Initiative

Definition: An initiative is the power of the people to propose amendments to the Constitution, enact, amend, or repeal laws through a direct action of the electorate. There are three types of initiative provided under RA 6735:

Initiative on the Constitution – Direct proposal to amend the Constitution.
Initiative on Statutes – Direct proposal to enact or amend national laws.
Initiative on Local Legislation – Direct proposal to enact or amend local ordinances.

Process of Initiative:

Petition – A petition must be filed, signed by the required number of registered voters. The form of the petition must contain:
- The proposition (proposed law or amendment),
- Signatures of registered voters,
- An abstract of the proposed law or amendment.
The petition must be signed by at least 10% of the total number of registered voters, of which each legislative district must be represented by at least 3% of its registered voters.
Verification – The Commission on Elections (COMELEC) is responsible for verifying the authenticity of the petition and the sufficiency of the signatures.
Public Hearing – After verification, a public hearing is conducted to discuss the proposed initiative.
Submission to Electorate – Upon approval of the petition, the COMELEC will schedule a national or local referendum for the electorate to vote on the proposed law or amendment.
Approval – The initiative is approved if a majority of the votes cast in the referendum are in favor of the proposed law or amendment.

Limitations on Initiative:

Scope: National statutes or local ordinances can be subject to initiative. However, it cannot be used to amend the Constitution directly, unless it is a proposal to amend.
Timing: No petition for initiative can be filed within five years after the ratification of a law and within three years after a previous initiative.
Legislative Act Restrictions: Initiative cannot override decisions on budget appropriations, taxation, and emergency powers granted to the President.

II. Referendum

Definition: A referendum is the power of the people to approve or reject an act or law, or part of it, that has been passed by Congress or a local legislative body. A referendum can also apply to local ordinances.

Types of Referendum:

Referendum on Statutes – It refers to the process where the electorate approves or rejects a national law passed by Congress.
Referendum on Local Laws – It refers to the process where the electorate approves or rejects local laws or ordinances.

Process of Referendum:

Petition – Similar to an initiative, a referendum begins with a petition by the people. This must be signed by the required percentage of the electorate.
- For a referendum on national laws, the petition must be signed by at least 10% of the total number of registered voters, with at least 3% from each legislative district.
- For local laws, the petition must be signed by at least 10% of the total registered voters in the local government unit.
COMELEC Verification – The petition must be filed with the Commission on Elections (COMELEC), which verifies its authenticity and the sufficiency of the signatures.
Public Hearing – A public hearing is conducted to discuss the matter at issue.
Submission to Electorate – The COMELEC then sets the date for the referendum. The people vote whether to approve or reject the law.
Approval or Rejection – The law is approved or rejected based on the majority of votes cast in the referendum. If a majority votes in favor of the law, it remains valid; if a majority votes against, the law is repealed or voided.

Timing:

A referendum cannot be held more than once a year on the same subject matter.
The people may not use referendum within 45 days before a regular election and 90 days before a special election.

III. Jurisprudence on Initiative and Referendum

Several landmark cases have shaped the interpretation of the initiative and referendum process in the Philippines:

Santiago v. COMELEC (1997) – This is a pivotal case where the Supreme Court ruled that RA 6735 was insufficient to implement the system of initiative on amendments to the Constitution, because the law failed to provide adequate procedures and standards for such an initiative. As a result, initiatives to amend the Constitution through RA 6735 were effectively rendered unenforceable, pending the enactment of a more precise law. Although RA 6735 provided for initiative on statutes and local ordinances, it was found to be deficient in regard to constitutional amendments.
Lambino v. COMELEC (2006) – This case involved a petition for a people’s initiative to amend the 1987 Constitution to shift to a parliamentary system. The Supreme Court ruled against the petition, reiterating that RA 6735 was inadequate for initiatives to amend the Constitution. The Court emphasized that the petition failed to comply with the basic legal requirements for a valid initiative.

IV. Procedural Requirements

Form of Petition – The petition must contain the complete text of the proposed law or amendment.
Signatures – Must be signed by the requisite number of registered voters, as specified in RA 6735. These signatures must be verified by the COMELEC.
Sufficiency – The COMELEC determines whether the petition meets the legal requirements in terms of content and number of signatures.

V. Role of the Commission on Elections (COMELEC)

The COMELEC plays a crucial role in both initiative and referendum processes. Its primary responsibilities include:

Verifying the authenticity and sufficiency of the petition,
Setting the dates for the referendum or plebiscite,
Ensuring the conduct of the voting process is fair and transparent, and
Certifying the results of the referendum.

VI. Significance of Initiative and Referendum

These processes enhance the democratic framework in the Philippines by allowing citizens to directly participate in the legislative process. Initiative and referendum empower the people to enact laws or to challenge and repeal laws that they disagree with, ensuring that the legislative power is not monopolized by elected representatives but is retained by the people.

In conclusion, initiative and referendum are crucial aspects of direct democracy in the Philippines, mandated by the Constitution and governed by RA 6735. While legislative powers are generally vested in Congress, these mechanisms ensure that the people retain a direct role in lawmaking and constitutional change. However, there are limitations and procedural requirements that must be followed to ensure that the exercise of these powers is legal and legitimate. Jurisprudence has also placed further restrictions, especially on initiatives to amend the Constitution, highlighting the need for further legislative refinement of the system.