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Republic of the Philippines
HOUSE OF REPRESENTATIVES

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Quezon City ae aii
17% Congress Bar
First Regular Session
HOUSE BILL No. 5'724

Sponsored by: Deputy Speaker Raneo E. Abu

AN ACT
STRENGHTENING THE SYSTEM OF PEOPLE'S INITIATIVE AND REFERENDUM
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 6735, OTHERWISE
KNOWN AS “AN ACT PROVIDING FOR A SYSTEM OF INITIATIVE AND
REFERENDUM AND APPROPRIATING FUNDS. THEREOF

EXPLANATORY NOTE
Section 2, Article 17 of the 1987 Constitution provides:

“Section 2. 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 three Per centum of the
registered voters therein. No amendment under this section shall be
authorized within five years following the ratification of this Constitution nor
oftener than once every five years therefor.

The Congress shall provide for the implementation of the exercise of this
right.”

Republic Act No 6735, otherwise known as “ The Initiative and Referendum
Act’ was approved on August 4, 1989 to provide for system of initiative and
referendum to directly propose, enact, approve or reject, in whole or in part, the
Constitution, laws, ordinances, or resolutions Passed by any legislative body. As its
history reveals, the law is intended to cover initiative to propose amendments to the
Constitution.

However, the Supreme Court, in an en banc decision in the case of Miriam
Defensor Santiago et al. vs. Commission on Election (G.R. No. 127325, March 9,
1997), held:

“This provision is not self-executory. In his book, Joaquin Bernas, a
member of the 1986 Commission, stated:


Without implementing legislation Section 2 cannot operate. Thus,
although this mode of amending the Constitution, is a mode of
amendment which bypasses congressional action, in the last analysis
it still is dependent on congressional action.

Bluntly stated, the right of the people to directly propose amendments
to the Constitution through the system of initiative would remain
entombed in the cold niche of the Constitution until Congress provides
for its implementation. Stated otherwise, while the Constitution has
recognized or granted that right, the people cannot exercise it if
Congress, for whatever reason, does not provide for its
implementation.”

XXX XXX XXX

“There was, therefore, an obvious downgrading of the more important or
the paramount system of initiative. R.A. No. 6735 thus delivered a
humiliating blow to the system of initiative on amendments to the
Constitution by merely paying it a reluctant lip service.

The foregoing brings us to the Conclusion that R.A. No. 6735 is
incomplete, inadequate, or wanting in essential terms and conditions
insofar as initiative on amendments to the Constitution is concemed. Its
lacunae on this substantive matter are fatal and cannot be cured by
empowering the COMELEC to promulgate such rules and regulations as
may be necessary to carry out the Purpose of [the] Act.”

Considering the paramount importance of the right of the people to directly
Propose amendments to the Constitution through the system of initiative under
Section 2 of Article XVII of the 1987 Constitution, this Bill seeks to fill in the
insufficiency of R.A. No. 6735 and to come up with an enabling law sufficient enough
to provide for the implementation of the exercise of such right.

Hence, the urgency of the passage of this Bill is a must to put into reality the
Latin maxim “Vox Populi, Vox Dei,” or “the voice of the people is the voice of God *



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17” Congress
First Regular Sesgi
HOUSE BILL No. DY24

Sponsored by: Deputy Speaker Raneo E. Abu

AN ACT
STRENGHTENING THE SYSTEM OF PEOPLE'S INITIATIVE AND REFERENDUM.
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 6735, OTHERWISE
KNOWN AS “AN ACT PROVIDING FOR A SYSTEM OF INITIATIVE AND
REFERENDUM AND APPROPRIATING FUNDS THEREOF

Be enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Section 1 of Republic Act No. 6735 is hereby amended to read as
follows:

“Section 1. Title. “This Act shall be known as the “PEOPLE'S Initiative
and Referendum Act.”

SECTION 2. Section 2 of the same Act is hereby amended to read as follows:

“Sec. 2. Statement of Policy. The power of the people under a system
Of initiative and referendum to directly AMEND THE CONSTITUTION
AND propose, enact, approve or reject , in whole or in part, the laws,
ordinances, or resolutions Passed by any legislative body upon
compliance with the requirements of this Act is hereby affirmed,
recognized and guaranteed.”

SECTION 3. Section 5 of the same Act is hereby amended to read as follows:
Sec. 5. Requirements. - (a) XXX
XXX
(C) The petition shall state the following:
“c.1_ contents or text of the Proposed CONSTITUTIONAL
PROVISION OR law sought to be enacted, approved or rejected,

amended or repealed, as the case may be:
XXX."


SECTION 4. Section 8 of the same Act is hereby amended to read as follows;

ll, PEOPLE’S INITIATIVE AND REFERENDUM ON THE
AMENDMENT OF THE CONSTITUTION

“SEC. 8. Conduct and Date of Initiative or Referendum. The
Commission ON ELECTIONS shall call and supervise the conduct
Of initiatives or referendum. [Within a Period of thirty (30) days
from receipt of the Petition, the Commission shall, upon
determining the sufficiency of the petition, publish the same
in 10 and English at least twice in newspapers of general
and local circulation and set the date of the initiative or
referendum which shall not be earlier than forty-five (45) days
but not later than ninety (90) days from the determination by
the Commission of the Sufficiency of the petition.]

UPON RECEIPT OF THE PETITION AMENDING THE
CONSTITUTION, THE COMMISSION SHALL DETERMINE THE
SUFFICIENCY OF THE PETITION WITHIN THIRTY (30) DAYS
AND PUBLISH THE SAME IN FILIPINO AND ENGLISH AT
LEAST TWICE IN NEWSPAPERS OF GENERAL AND LOCAL
CIRCULATION AND SET THE DATE OF THE INITIATIVE OR
REFERENDUM WHICH SHALL BE HELD NOT EARLIER THAN
SIXTY (60) DAYS BUT NOT LATER THAN NINETY (90) DAYS
AFTER THE CERTIFICATION BY THE COMMISSION ON
ELECTIONS OF THE SUFFICIENCY OF THE PETITION.”

THE COMMISSION IS HEREBY EMPOWERED TO
PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE
NECESSARY TO CARRY OUT THE PURPOSE OF THIS ACT.

SECTION 5. Section 9 of the same Act is hereby amended to read as follows:

“SEC. 9. Effectivity of Initiative or Referendum Proposition.

(a) [The proposition for enactment, approval, amendment or
rejection of a national law shall be submitted to and
approved by a majority of the votes cast by all the
registered voters of the Philippines.

If, as certified to by the commission, the proposition is
approved by a majority of the votes cast, the national law
Proposed for enactment, approval, or amendment shall
become effective fifteen (15) days following completion of
its publication in the official gazette or in a newspaper of
general circulation in the Philippines. If, as certified by the
commission, the proposition to reject a national law is
approved by a majority of the votes cast, the said national
law shall be deemed repealed and the repeal shall become
effective fifteen (15) days following the completion of
Publication of the proposition and the certification by the


commission in the official gazette or in a newspaper of
general circulation in the Philippines.

However, if the majority vote is not obtained, the national
law sought to be rejected or amend shall remain in full
force and effect.)

THE PROPOSED AMENDMENT OF THE CONSTITUTION
SHALL BE SUBMITTED TO AND APPROVED BY A
MAJORITY OF THE VOTES CAST IN THE PLEBISCITE.

(b) The proposition in [an] THE PEOPLE'S initiative on the
AMENDMENT [on] OF the Constitution approved by a majority
of the votes cast in the plebiscite shall become effective as to
the day of the plebiscite.”

SECTION 6. Repealing Clause. All laws, decrees, orders, rules and regulations or
parts thereof inconsistent with this Act are hereby repealed or amended accordingly.

SECTION 7. Effectivity. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,