JWRTEENTH CONGRESS OF THE REPUBLIC ) 
6 JAN 16 kll 5 5  
OF THE PHILIPPINES 
1 
Second Regular Session 
) 
SENATE 
I 
S'B No 31R?a 
RECEIVED BY 
/2-. 
,,/ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 17, Section 2, provides: 
Amendments to this Constitution may likewise be directly proposed by the 
people through initiative upon a petition of at least twelve per cenfum of the total number 
of registered voters, of which every legislative district must be represented by at least 
three per cenhtm of the registered voters therein. No amendment under this section shall 
he 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 case of Defensor Santiago v. Cotnelec, 270 SCRA 106 (1997) the Supreme Court 
through then Associate Justice (later Chief Justice) Hilario G. Ravide, Jr. held that: 
This provision is not self-executory. In his book, Joaquin Bemas, a member of 
the 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 impleinentation. . . . 
' 
This petition must then be granted, and the COMELEC should be permanently 
enjoined from entertaining or taking 'cognizance of any. petition for initiative on 
amendments to the Constitution ,until a sufficient law shall: have 'been validly enacted to 
provide for the implementation of the system. 
, , 
We feel, however, that the system of initiative tcu propose amendments to the 
Constitution should no longer be kept in the cold; it should be given flesh and blood, 
energy and strength. Congress should not tarry any lo ger in complying with the 
that system. 
Constitutional mandate to provide for the implementation o P the right of the people under 
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. 


THIRTEENTH CONGRESS OF THE REPUl3LIC ) 
6 JAN 76 fii .!2j 
OF THE PHILIPPINES 
1 
Second Regular Session 
) 
” 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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: 
SECTION 1. Short Title. - This Act shall be known as the “People’s Initiative to 
Amend the Constitution Act of 2006.” 
SECTION 2. Declaration offpolicy. - Amendments to the Constitutibn may be directly 
proposed by the people though initiative upon a petition of at least twelve per centum (12%) of 
the total number of registered voters, of which every legislatide district must be represented by.at 
least three per centum (3%) of the registered voters therein. 
SECTION 3 ,  DeJinition of Terms. - For purposes of this Act, the following terms shall 
mean: 
(a) “People’s Initiative” is the process by which the people are empowered to 
propose amendments to a constitution upon compliance with constitutional and legal 
requirements; 
@) “Amendment” envisages an alteration of one or a few specific provisions of 
the Constitution which do not affect the functioning of the other constitutional provisions 
not so amended. The guiding original intention of 4 
amendment is to improve specific 
parts or to add new provisions deemed necessary to meet new conditions or to suppress 
specific portions that may’have become obsolete or arejudged to be dangerous. 
The term “amendment” should be distinguished from “revision” which imports an 
alteration of the basic canstitutional structure or at !least an alteration which radically 
affects the functioning of various parts or agenoies within the Constitutional structure. In 


revision, the guiding original intention and plan contemplates a reexamination of the 
entire document to determine how and to what extent it should be altered; 
(c) “Proposition” is the proposed amendments to the Constitution; 
(d) “Petition” is the written instrument containing the proposition and the required 
number of signatories in a form determined by, and; submitted to the Commission on 
Elections, hereinafter referred to as the “Commission”; 
~ 
(e) “Plebiscite” is the electoral process by which the proposition to amend the 
Constitution shall be approved or rejected by the peoplk. 
SECTION 4. Requirements. - (a) Amendments tb the constitution may be directly 
(. proposed by the people through initiative upon a petition of at least twelve per centurn (12%) of 
the total number of registered voters, of which every legislative district must be represented by at 
least three per centurn (3%) of the total number of registered voters therein. No amendment of 
the Constitution through a people’s initiative shall be held oftener than once every five years 
thereafter. 
(b) The petition shall be signed before the Election Registrar, or other designated 
representative, in the presence of a representative of the proponents and the oppositors in a 
public place in the barangay of the municipality, city or legislative district. Signature stations 
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 subhitted,to the Commission, and shall 
state the following: 
1. The names and signatures of the petitioners or registered voters; 
2. The barangay and which the petitioners belong to; 
3. The text of the amendment of the Constitution or any part thereof sought to be 
proposed; 
4. The reason or reasons thereof; 
5. An abstract or summary of the proposition, printed on top of each and every 
page of the petition; 
6. Proof that public hearings and consultationsswere held in each of the legislative 
districts to ensure that the people are properly informed on the amendments proposed. 


(d) The Commission, through its office in the local government unit concerned, shall 
certify as to whether or not the required number of signatwres has been obtained. Failure to 
obtain the required number of signatures is a defeat of the proposition, 
(e) After the Commission finds that the petition has complied with the above 
requirements, it shall then proceed with the verification and authentication of the signatures of 
the registered voters contained therein Accredited watchers from both the proponents and 
oppositors shall be present and be allowed to observe, the process of verification and 
authentication; 
(9 After the signatures shall have been verified by the Commission the same shall be 
posted in the barangay hall of each of the legislative district for at least sixty (60) days to allow 
interested parties to examine the same and allow the filling of the necessary protest or to 
challenge to the authentication within the same period. Any challenge or protest shall be ruled 
. upon within sixty (60) days from the date of filing of such protest or challenge, 
(9) The Commission shall issue a certification on the kufficiency of the petition upon the 
resolution of all protest and challenges filed. 
SECTION 5 Appeal. - The Decision of the Commission regarding the sufficiency or 
insufficiency of the petition may be appealed to the SupremelCourt within thirty (30) days from 
the notice thereof, provided, that this provision shall be effective only upon the advice and 
concurrence of the Supreme Court in accordance with the Constitution, Article 6, Section 30. 
SECTION 6. @eciuZ Registration. - There shall be shecia1 registration of voters at least 
forty five (45) days before the scheduled plebiscite for those who will attain fifteen (15) to 
eighteen (18) years of age on the date of the scheduled plebisdite. Two separate lists of those age 
ranges from fifteen (15) to seventeen (17). The second list consists of those who would have 
attained eighteen (18) years of age on the day of plebiscite 
SECTION 7. Ver@cutmn of Signatures, - The Election Registrar shall verify the 
signatures on the basis of the registry list of voters, voter’s affidavit and voter’s identification 
cards used in the immediately preceding election. 
SECTION 8. Conduct undDute of Znitiutzve or Referendum. - The Commission shall call 
and supervise the conduct of the plebiscite on the people’s initiative within a period of thirty (30) 


days from the certification of the sufficiency of, the petition,; the Commission shall publish the 
same in Filipino and English at least three (3) -times in 4 newspaper of generd~ and local 
circulation and set the date of the plebiscite on the initiative, hhich shall be held not earlier than 
sixty (60) days nor later than ninety (90) days aRer the cehification of the sufficiency of the 
petition. 
SECTION 9. Authority ofthe Courts. - Nothing in this Act shall prevent or preclude the 
proper courts from declaring null and void any proposition approved pursuant to this Act for 
violation of the Constitution. 
SECTION 10. Efsectivity of the Constitutional Amendments. - Any amendment proposed 
by people's initiative shall be valid and effective when ratified by a majority of the votes cast in 
a plebiscite which will be held not earlier than sixty (60) ddys nor later than ninety (90) days 
&er the certification by the Commission on Elections of the sufliciency of the petition. 
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SECTION 11. Applicability of the Omnibus Electio# Code. - The Omnibus Election 
Code and other election laws not inconsistent with the provisiohs of this Act shall be applicable. 
SECTION 12. Rules and Regulations. - The Cdmmission on Elections is hereby 
.empowered to promulgate such rules and regulations as day be necessary to cany out the 
purposes of this Act. 
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SECTION 13. Appropriations. - The amount necessafy to defray the cost of the people's 
initiative as prescribed in this Act shall be charged against the Contingent Fund in the'Genera1 
Appropriations Act of the year when the initiative is to bd conducted. Thereafter, the sums 
necessary for the implementation, of this Act shall be (included in the annual General 
Appropriations Act. 
SECTION 14. Separability Clause. - If any provisiod or part thereof, is held invalid or 
unconstitutional, the remainder of the law of the provision dot otherwise affected shall remain 
valid and subsisting. 
SECTION 15. Repearing Clause. - Any law, preside4tial decree or issuance, executive 
order, letter of instruction, administrative order, rule or reghation contrary to, or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 


SECTION 16. Effectivig Clause. - This Act shall take effect fifteen (15) days aRer its 
publication in at least two (2) newspapers of general circulatioh. 
Approved, 
PSll- 14-2006