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INITIATIVE AND REFERENDUM (RA 6735)

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 Constitutionrefers to a petition proposing amendments to
the Constitution
2. Initiative on statutesrefers to a petition to enact a national legislation
3. Initiative on local legislationrefers 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 ye ar;
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 an d 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)