FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
,-<.' , 
Introduced by Senator Miriam Defensor Sautiago 
EXPLANATORY NOTE 
The Constitution, Article 17, Section 2, provides: 
Sec. 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 thereafter. 
The Congress shall provide for the implementation of the exercise of this right. In the 
1997 case of Defensor Santiago v. Commission on Elections, the Supreme Court through 
Associate Justice Hilario G. Davide, Jr. (later Chief Justice), held that: 
'''This provision is not self-executory. In his book, Joaquin Bernas, a 
member ofthe 1986 Constitutional 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." (Defensor Santiago v. Commission on Elections, 270 SCRA 
106, p. 136 (1997» 
"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 concerned. It is lacunae on this 
substantive are fatal and cannot be cured by "empowering" the Comelec "to 
promulgate such rules aud regulations as may be necessary to carry out the 
purposes of the Act. 
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The rule is that what has been delegated, cannot be delegated or as 
expressed in a Latin maxim: potestas delegate non delegari potest. The 
recognized exceptions to the rule are as follows: 
(1) Delegation oftariff powers to the President under Section 28(2) of 
Article VI ofthe Constitution; 
(2) Delegation of emergency powers to the President under Section 23(2) 
of Article VI of the Constitution; 
, (3) Delegation to the people at large; 
(4) Delegation to local governments; and 
(5) Delegation to administrative bodies. 
Empowering the Comelec, an administrative body exercising quasijudicial 
functions, to promulgate rules and regulations is a form of delegation of 
legislative authority under No. 5 above. However, in every case o€ permissible 
delegation, there must be a showing that the delegation itself is valid. It is valid 
only if the law (a) is complete in itself, setting forth therein the policy to be 
executed, carried out, or implemented by the ·delegate; and (b) fixes a standard -
the limits of which are sufficiently determinate and determinable - to which the 
delegate must conform in the performance of his functions. A sufficient standard 
is one, which defines legislative policy, marks its limits, amps out its boundaries 
and specifies the public agency to apply it. It indicates the circumstances under 
which the legislative command is to be effected. 
Insofar as initiative to propose amendments to the Constitution is 
concerned, R.A. No. 6735 miserably failed to satisfy both requirements 
insubordinate legislation. The delegation of the power to the Comelec is then 
invalid." (Ibid, p. 153-154). 
In President Gloria Macapagal-Arroyo's State of the Nation Address last 2005, she 
expressed her desire for a charter change. She said: 
"The other message to send is that we will address the burden that the 
other Philippine story imposes on our anticipated take off. I refer to the story 
of how our political system has now become a hindrance to our national 
progress. Over the years, our political system has degenerated to the extent 
that it is difficult for anyone to make any headway yet keep his hands clean. 
To be sure, the system is still capable of achieving great reforms. But, by and 
large, our political system has betrayed its promise to each new generation of 
Filipinos, not a few of whom are voting with their feet, going abroad and 
leaving that system behind. Perhaps we politicians have done our best; but 
maybe our best is not enough, given the present system. Perhaps we have 
strained the present political system to its final limit. 
It is time to turn to the people, bring them into government-and 
change the way that government is done. The people want government that 
works for them at every level. They want good government that begins at their 
doorstep in the barangay, and does not end before the closed door of a 
bureaucrat in Metro Manila. The system clearly needs fundamental change, 
and the sooner the better. 
It's time to start the great debate on charter change." 
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Dr. Jose Abueva, Consultative Commission (Con-Com) chainnan, also believes that 
Charter change "can bring about good governance by sustainable people power." He also 
said that: 
"Instead of using people power solely to topple or immobilize an 
unwanted President, it can be made a sustainable force for making government 
more accessible, participatory, efficient, transparent, and accountable to the 
citizens through functional institutions, including parliamentary government, 
modem political parties, autonomous regions, a refonned electoral system and 
judiciary, and a committed civil society. 
Then we can hope to replace poverty with prosperity, corruption with 
effective and ethical government, and insularity with global competitiveness. 
Then, we can a have a nation worthy of our heroes, a country fit for our 
children-of which we can all be proud." 
Considering that R.A. No. 6735 (the Initiative and Referendum Act) governs only 
people's initiative for local legislation, there is a need to pass a law that will govern the 
process by which constitutional amendments are introduced by the people directly through 
people's initiative. 
This bill seeks to provide the enabling law to start the grand cha-cha debate. I 
I This bill was originally filed in the Thirteenth Congress, Second Regular Session. 
3 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN41E 
S.No. 
224Ji 
Wive',·, ",,/. 0 
""~r.::rJ··~~' ,'," . ,~~_="-,, -
" 
Introduced by Senator Miriam Defensor Santiago 
I 
AN ACT 
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PROVIDING FOR PEOPLE'S INITIATIVE TO AMEND THE CONSTITUTION 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION I. Short Title. - This Act shall be known as the "People's Initiative to Amend 
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the Constitution Act." 
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SECTION 2. Declaration of Policy. - Amendments to the Constitution may be directly 
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proposed by the people through initiative upon a petition of at least twelve percent (12%) of the 
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total number of registered voters, of which every legislative district must be represented by at 
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least three percent (3 %) ofthe registered voters therein. 
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SECTION 3. Definition of Terms. - For purposes of this Act, the following terms shall 
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mean: 
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(A) "People's Initiative" is the process by which the people are empowered to 
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propose amendments to a constitution upon compliance with constitutional and legal 
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requirements; 
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, (B) "Amendment" envisages an alteration of one or a few specific provisions of 
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the. Constitution which do not affect the functioning of the other constitutional provisions 
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not so amended. The guiding original intention of an amendment is to improve specific 
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parts or to add new provisions deemed necessary to meet new conditions or to suppress 
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specific portions that may have become obsolete or are judged to be dangerous. 
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The telm "amendment" should be distinguished from "revision" which imports an 
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alteration of the basic constitutional structure or at least an alteration which radically 
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affects the functioning of various parts or agencies within the Constitutional structure. In 
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revision, the guiding original intention and plan contemplates a reexamination of the 
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entire document to determine how and to what extent it should be altered; 
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(C) "Proposition" is the proposed amendments to the Constitution; 
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(D) "Petition" is the written instrument containing the proposition and the 
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required number of signatories in a form determined by and submitted to the Commission 
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on Elections, hereinafter referred to as the "Commission"; and 
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(E) "Plebiscite" is the electoral process by which the proposition to amend the 
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Constitution shall be approved or rej ected by the people. 
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SECTION 4. Requirements. - (A) Amendments to the constitution may be directly 
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proposed by the people through initiative upon a petition of at least twelve per centum (12%) of 
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the total number of registered voters, of which every legislative district must be represented by at 
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least three per centum (3%) of the total number of registered voters therein. No amendment of 
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the Constitution through a people's initiative shall be held oftener than once every five years 
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thereafter. 
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(B) The petition shall be signed before the Election Registrar, or other designated 
17 
representative, in the presence of a representative of the proponents and the oppositors in a 
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public place in the barangay of the municipality, city or legislative district. Signature stations 
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may be established in as many places as may be warranted; 
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(C) The petition on the people's initiative shall be submitted to the Commission, and 
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shall state the following: 
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(1) The names and signatures of the petitioners or registered voters; 
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(2) The barangay and which the petitioners belong to; 
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(3) The text of the amendment of the Constitution or any part thereof sought to be 
25 
proposed; 
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(4) The reason or reasons thereof; 
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(5) An abstract or summary of the proposition, printed on top of each and every 
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page of the petition; and 
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(6) Proof that public hearings and consultations were held in each of the 
2 
legislative districts to ensure that the people are properly informed on the amendments 
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proposed. 
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(D) The Commission, through its office in the local government unit concerned, shall 
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certify as to whether or not the required number of signatures has been obtained. Failure to 
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obtain the required number of signatures is a defeat of the proposition; 
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(E) After the Commission finds that the petition has complied with the above 
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requirements, it shall then proceed with the verification and authentication of the signatures of 
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the registered voters contained' therein. Accredited watchers from both the proponents and 
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oppositors shall be present and be allowed to observe the process of verification and 
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authentication; 
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(F) After the signatures shall have been verified by the Commission the same shall be 
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posted in the barangay hall of each of the legislative district for at least sixty (60) days to allow 
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interested parties to examine the same and allow the filling of the necessary protest or to 
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challenge to the authentication within the same period. Any challenge or protest shall be ruled 
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upon within sixty (60) days from the date of filing of such protest or challenge; 
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(G) The Commission shall issue a certification on the sufficiency of the petition upon the 
18 
resolution of all protest and challenges filed. 
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SECnON 5. Appeal. - The Decision of the Commission regarding the sufficiency or 
20 
insufficiency' of the petition may be appealed to the Supreme Court within thirty (30) days from 
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. the notice thereof, provided, that this provision shall be effective only upon the advice and 
22 
concurrence of the Supreme Court in accordance with the Constitution, Article 6, Section 30. 
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SECTION 6. Special Registration. - There shall be special registration of voters at least 
24 
forty five (45) days before the scheduled plebiscite for those who will attain fifteen (15) to 
25 
eighteen (18) years of age on the date of the scheduled plebiscite. Two separate lists of those age 
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ranges from fifteen (15) to seventeen (17). The second list consists of those who would have 
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attained eighteen (18) years of age on the day of plebiscite. 
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SECTION 7. Verification of Signatures. - The Election Registrar shall verify the 
2 
signatures on the basis of the registry list of voters, voter's affidavit and voter's identification 
3 
cards used in the immediately preceding election. 
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SECTION 8. Conduct and Date of Initiative or Referendum. - The Commission shall call 
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and supervise the conduct of the plebiscite on the people's initiative within a period of thirty (30) 
6 
days from the Certification of the snfficiency of the petition, the Commission shaH publish the 
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same in Filipino and English at least three (3) times in a newspaper of general and local 
8 
circulation anq set the date of the plebiscite on the initiative, which shall be held not earlier than 
9 
sixty (60) days nor later than ninety (90) days after the certification of the sufficiency of the 
10 
petition. 
II 
SECTION 9. Authority of the Courts. - Nothing in. this Act shall prevent or preclude the 
12 
proper courts from declaring null and void any proposition approved pursuant to this Act for 
13 
violation of the Constitution. 
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SECTION 10. Effectivity of the Constitutional Amendments. - Any amendment proposed 
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by people's initiative shaH be valid and effective when ratified by a majority of the votes cast in 
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a plebiscite which will be held not earlier than sixty (60) days nor later than ninety (90) days 
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after the certification by the Commission on Elections of the sufficiency of the petition. 
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SECTION 11. Applicability of the Omnibus Election Code. - The Omnibus Election Code 
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and other election laws not inconsistent with the provisions of this Act shaH be applicable. 
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SECTION 12. Rules and Regulations. - The Commission on Election is hereby 
21 
empowered to promulgate such rules and regulations as many be necessary to carry out the 
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purposes of this Act. 
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SECTION 13. Appropriations. - The amount necessary to defray the cost of the people's 
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initiative as prescribed in this Act shall be charged against the Contingent Fund in the General 
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Appropriations Act of the year when the initiative is to be conducted. Thereafter, the sums 
, 
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1 
necessary for the implementation of this Act shall be included III the annual General 
2 
Appropriations Act. 
3 
SECTION 14. Separability Clause. - If any provision or part hereof, is held invalid or 
4 
unconstitutional, the remainder of the law of the provision not otherwise affected shall remain 
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valid and sUbsisting. 
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SECTION 15. Repealing Clause. - Any law, presidential decree or issuance, executive 
7 
order, letter of instmction, administrative order, mle or regulation contrary to, or inconsistent 
8 
with, the provisions ofthis Act is hereby repealed, modified or amended accordingly. 
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SECTION 16. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
Iptmt08july2010 
5