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Amendment to the Constitution

On 6 Dec 1996, Atty. Jesus S. Delfin filed with COMELEC a Petition to Amend the
Constitution to Lift Term Limits of elective Officials by Peoples Initiative The COMELEC
then, upon its approval, a.) set the time and dates for signature gathering all over the
country, b.) caused the necessary publication of the said petition in papers of general
circulation, and c.) instructed local election registrars to assist petitioners and volunteers in
establishing signing stations. On 18 Dec 1996, MD Santiago et al filed a special civil action
for prohibition against the Delfin Petition. Santiago argues that 1.)the constitutional provision
on peoples initiative to amend the constitution can only be implemented by law to be
passed by Congress and no such law has yet been passed by Congress, 2.) RA 6735
indeed provides for three systems of initiative namely, initiative on the Constitution, on
statues and on local legislation. The two latter forms of initiative were specifically provided
for in Subtitles II and III thereof but no provisions were specifically made for initiatives on the
Constitution. This omission indicates that the matter of peoples initiative to amend the
Constitution was left to some future law as pointed out by former Senator Arturo Tolentino.
ISSUE: Whether or not RA 6735 was intended to include initiative on amendments to the
constitution and if so whether the act, as worded, adequately covers such initiative.
HELD: RA 6735 is intended to include the system of initiative on amendments to the
constitution but is unfortunately inadequate to cover that system. Sec 2 of Article 17 of the
Constitution provides: Amendments to this constitution may likewise be directly proposed
by the people through initiative upon a petition of at least twelve per centum of the total
number of registered voters, of which every legislative district must be represented by at
least there per centum of the registered voters therein. . . The Congress shall provide for
the implementation of the exercise of this right This provision is obviously not selfexecutory as it needs an enabling law to be passed byCongress. Joaquin Bernas, a
member of the 1986 Con-Con stated without implementing legislation Section 2, Art 17
cannot operate. Thus, although this mode of amending the constitution is a mode
of amendment which bypasses Congressional action in the last analysis is still dependent
on Congressional action. Bluntly stated, the right of the people to directly propose
amendments to the Constitution through the system of inititative would remain entombed in
the cold niche of the constitution until Congress provides for its implementation. The people
cannot exercise such right, though constitutionally guaranteed, if Congress for whatever
reason does not provide for its implementation.

***Note that this ruling has been reversed on November 20, 2006 when ten justices of the
SC ruled that RA 6735 is adequate enough to enable such initiative. HOWEVER, this was a
mere minute resolution which reads in part:
Ten (10) Members of the Court reiterate their position, as shown by their various opinions
already given when the Decision herein was promulgated, that Republic Act No. 6735 is
sufficient and adequate to amend the Constitution thru a peoples initiative.

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