Republic of the Philippines Congress of the Philippines Metro Manila Eighth Congress Republic Act No.

6735 August 4, 19 9

AN AC! PR"#$%$N& '"R A ()(!E* "' $N$!$A!$#E AN% RE'EREN%+* AN% APPR"PR$A!$N& '+N%( !,ERE'"R

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
$. - &ener.l Pro/isions (ection 1. !itle. This ct shall be !no"n as # !he $niti.ti/e .n0 Referen0u1 Act.# (ection 2. (t.te1ent of Polic3. The po"er of the people under a system of initiative and referendum to directly propose$ enact$ approve or re%ect$ in "hole or in part$ the Constitution$ la"s$ ordinances$ or resolutions passed by any legislative body upon compliance "ith the re&uirements of this ct is hereby affirmed$ recogni'ed and guaranteed( (ection 3. %efinition of !er1s. )or purposes of this follo"ing terms shall mean: ct$ the

*a+ #,nitiative# is the po"er of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose( There are three *-+ systems of initiative$ namely: a(. ,nitiative on the Constitution "hich refers to a petition proposing amendments to the Constitution/

a(0( ,nitiative on statutes "hich refers to a petition proposing to enact a national legislation/ and a(-( ,nitiative on local legislation "hich refers to a petition proposing to enact a regional$ provincial$ city$ municipal$ or barangay la"$ resolution or ordinance( *b+ #,ndirect initiative# is e1ercise of initiative by the people through a proposition sent to Congress or the local legislative body for action( *c+ #Referendum# is the po"er of the electorate to approve or re%ect a legislation through an election called for the purpose( ,t may be of t"o classes$ namely: c(.( Referendum on statutes "hich refers to a petition to approve or re%ect an act or la"$ or part thereof$ passed by Congress/ and c(0( Referendum on local la" "hich refers to a petition to approve or re%ect a la"$ resolution or ordinance enacted by regional assemblies and local legislative bodies( *d+ #Proposition# is the measure proposed by the voters( *e+ #Plebiscite# is the electoral process by "hich an initiative on the Constitution is approved or re%ected by the people( *f+ #Petition# is the "ritten instrument containing the proposition and the re&uired number of signatories( ,t shall be in a form to be determined by and submitted to the Commission on 2lections$ hereinafter referred to as the Commission( *g+ #3ocal government units# refers to provinces$ cities$ municipalities and barangays( *h+ #3ocal legislative bodies# refers to the Sangguniang Panlala"igan$ Sangguniang Panlungsod$ Sangguniang Bayan$ and Sangguniang 4ayon(

*i+ #3ocal e1ecutives# refers to the Provincial 5overnors$ City or Municipal Mayors and Punong Barangay$ as the case may be( (ection 4. 4ho 1.3 e5ercise. The po"er of initiative and referendum may be e1ercised by all registered voters of the country$ autonomous regions$ provinces$ cities$ municipalities and barangays( (ection 5. Re6uire1ents. *a+ To e1ercise the po"er of initiative or referendum$ at least ten per centum *.67+ of the total number of the registered voters$ of "hich every legislative district is represented by at least three per centum *-7+ of the registered voters thereof$ shall sign a petition for the purpose and register the same "ith the Commission( *b+ petition for an initiative on the .89: Constitution must have at least t"elve per centum *.07+ of the total number of registered voters as signatories$ of "hich every legislative district must be represented by at least three per centum *-7+ of the registered voters therein( ,nitiative on the Constitution may be e1ercised only after five *;+ years from the ratification of the .89: Constitution and only once every five *;+ years thereafter( *c+ The petition shall state the follo"ing: c(.( contents or te1t of the proposed la" sought to be enacted$ approved or re%ected$ amended or repealed$ as the case may be/ c(0( the proposition/ c(-( the reason or reasons therefor/ c(<( that it is not one of the e1ceptions provided herein/ c(;( signatures of the petitioners or registered voters/ and c(=( an abstract or summary in not more than one hundred *.66+ "ords "hich shall be legibly "ritten or printed at the top of every page of the petition(

*d+ referendum or initiative affecting a la"$ resolution or ordinance passed by the legislative assembly of an autonomous region$ province or city is deemed validly initiated if the petition thereof is signed by at least ten per centum *.67+ of the registered voters in the province or city$ of "hich every legislative district must be represented by at least three per centum *-7+ of the registered voters therein/ Provided$ ho"ever$ That if the province or city is composed only of one *.+ legislative district$ then at least each municipality in a province or each barangay in a city should be represented by at least three per centum *-7+ of the registered voters therein( *e+ referendum of initiative on an ordinance passed in a municipality shall be deemed validly initiated if the petition therefor is signed by at least ten per centum *.67+ of the registered voters in the municipality$ of "hich every barangay is represented by at least three per centum *-7+ of the registered voters therein( *f+ referendum or initiative on a barangay resolution or ordinance is deemed validly initiated if signed by at least ten per centum *.67+ of the registered voters in said barangay( (ection 6. (peci.l Registr.tion. The Commission on 2lection shall set a special registration day at least three *-+ "ee!s before a scheduled initiative or referendum( (ection 7. #erific.tion of (ign.tures. The 2lection Registrar shall verify the signatures on the basis of the registry list of voters$ voters> affidavits and voters identification cards used in the immediately preceding election( $$. - N.tion.l $niti.ti/e .n0 Referen0u1 (EC!$"N . Con0uct .n0 %.te of $niti.ti/e or Referen0u1 . The Commission shall call and supervise the conduct of initiative or referendum(

?ithin a period of thirty *-6+ days from receipt of the petition$ the Commission shall$ upon determining the sufficiency of the petition$ publish the same in )ilipino and 2nglish at least t"ice in ne"spapers of general and local circulation and set the date of the initiative or referendum "hich shall not be earlier than forty@five *<;+ days but not later than ninety *86+ days from the determination by the Commission of the sufficiency of the petition( (ection 9. Effecti/it3 of $niti.ti/e or Referen0u1 Proposition. *a+ The Proposition of the enactment$ approval$ amendment or re%ection of a national la" shall be submitted to and approved by a ma%ority of the votes cast by all the registered voters of the Philippines( ,f$ as certified to by the Commission$ the proposition is approved by a ma%ority of the votes cast$ the national la" proposed for enactment$ approval$ or amendment shall become effective fifteen *.;+ days follo"ing completion of its publication in the Afficial 5a'ette or in a ne"spaper of general circulation in the Philippines( ,f$ as certified by the Commission$ the proposition to re%ect a national la" is approved by a ma%ority of the votes cast$ the said national la" shall be deemed repealed and the repeal shall become effective fifteen *.;+ days follo"ing the completion of publication of the proposition and the certification by the Commission in the Afficial 5a'ette or in a ne"spaper of general circulation in the Philippines( Ho"ever$ if the ma%ority vote is not obtained$ the national la" sought to be re%ected or amended shall remain in full force and effect( *b+ The proposition in an initiative on the Constitution approved by a ma%ority of the votes cast in the plebiscite shall become effective as to the day of the plebiscite( *c+ national or local initiative proposition approved by ma%ority of the votes cast in an election called for the purpose shall

become effective fifteen *.;+ days after certification and proclamation by the Commission( (ection 17. Prohibite0 *e.sures. The follo"ing cannot be the sub%ect of an initiative or referendum petition: *a+ 4o petition embracing more than one *.+ sub%ect shall be submitted to the electorate/ and *b+ Statutes involving emergency measures$ the enactment of "hich are specifically vested in Congress by the Constitution$ cannot be sub%ect to referendum until ninety *86+ days after its effectivity( (ection 11. $n0irect $niti.ti/e. ny duly accredited people>s organi'ation$ as defined by la"$ may file a petition for indirect initiative "ith the House of Representatives$ and other legislative bodies( The petition shall contain a summary of the chief purposes and contents of the bill that the organi'ation proposes to be enacted into la" by the legislature( The procedure to be follo"ed on the initiative bill shall be the same as the enactment of any legislative measure before the House of Representatives e1cept that the said initiative bill shall have precedence over the pending legislative measures on the committee( (ection 12. Appe.l. The decision of the Commission on the findings of the sufficiency or insufficiency of the petition for initiative or referendum may be appealed to the Supreme Court "ithin thirty *-6+ days from notice thereof( $$$. - 8oc.l $niti.ti/e .n0 Referen0u1 (EC!$"N 13. Proce0ure in 8oc.l $niti.ti/e. *a+ 4ot less than t"o thousand *0$666+ registered voters in case of autonomous regions$ one thousand *.$666+ in case of provinces and cities$ one hundred *.66+ in case of municipalities$ and fifty *;6+ in case of barangays$ may file a petition "ith the Regional ssembly or local

legislative body$ respectively$ proposing the adoption$ enactment$ repeal$ or amendment$ of any la"$ ordinance or resolution( *b+ ,f no favorable action thereon is made by local legislative body "ithin *-6+ days from its presentation$ the proponents through their duly authori'ed and registered representative may invo!e their po"er of initiative$ giving notice thereof to the local legislative body concerned( *c+ The proposition shall be numbered serially starting from one *.+( The Secretary of 3ocal 5overnment or his designated representative shall e1tend assistance in the formulation of the proposition( *d+ T"o or more propositions may be submitted in an initiative( *e+ Proponents shall have one hundred t"enty *.06+ days in case of autonomous regions$ ninety *86+ days in case of provinces and cities$ si1ty *=6+ days in case of municipalities$ and thirty *-6+ days in case of barangays$ from notice mentioned in subsection *b+ hereof to collect the re&uired number of signatures( *f+ The petition shall be signed before the 2lection Registrar$ or his designated representative$ in the presence of a representative of the proponent$ and a representative of the regional assemblies and local legislative bodies concerned in a public place in the autonomous region or local government unit$ as the case may be( Signature stations may be established in as many places as may be "arranted( *g+ Bpon the lapse of the period herein provided$ the Commission on 2lections$ through its office in the local government unit concerned shall certify as to "hether or not the re&uired number of signatures has been obtained( )ailure to obtain the re&uired number is a defeat of the proposition( *h+ ,f the re&uired number of the signatures is obtained$ the Commission shall then set a date for the initiative at "hich the proposition shall be submitted to the registered voters in the local

government unit concerned for their approval "ithin ninety *86+ days from the date of certification by the Commission$ as provided in subsection *g+ hereof$ in case of autonomous regions$ si1ty *=6+ days in case of the provinces and cities$ forty@five *<;+ days in case of municipalities$ and thirty *-6+ days in case of barangays( The initiative shall then be held on the date set$ after "hich the results thereof shall be certified and proclaimed by the Commission on 2lections( (ection 14. Effecti/it3 of 8oc.l Propositions. ,f the proposition is approved by a ma%ority of the votes cast$ it shall ta!e effect fifteen *.;+ days after certification by the Commission as if affirmative action thereon had been made by the local legislative body and local e1ecutive concerned( ,f it fails to obtain said number of votes$ the proposition is considered defeated( (ection 15. 8i1it.tions on 8oc.l $niti.ti/es. *a+ The po"er of local initiative shall not be e1ercised more than once a year( *b+ ,nitiative shall e1tend only to sub%ects or matters "hich are "ithin the legal po"ers of the local legislative bodies to enact( *c+ ,f at any time before the initiative is held$ the local legislative body shall adopt in toto the proposition presented$ the initiative shall be cancelled( Ho"ever$ those against such action may$ if they so desire$ apply for initiative in the manner herein provided( (ection 16. 8i1it.tions +pon 8oc.l 8egisl.ti/e 9o0ies . ny proposition or ordinance or resolution approved through the system of initiative and referendum as herein provided shall not be repealed$ modified or amended$ by the local legislative body concerned "ithin si1 *=+ months from the date therefrom$ and may be amended$ modified or repealed by the local legislative body "ithin three *-+ years thereafter by a vote of three@fourths *-C<+ of all its members: Provided$ ho"ever$ that in case of barangays$ the period shall be one *.+ year after the e1piration of the first si1 *=+ months(

(ection 17. 8oc.l Referen0u1. 4ot"ithstanding the provisions of Section < hereof$ any local legislative body may submit to the registered voters of autonomous region$ provinces$ cities$ municipalities and barangays for the approval or re%ection$ any ordinance or resolution duly enacted or approved( Said referendum shall be held under the control and direction of the Commission "ithin si1ty *=6+ days in case of provinces and cities$ forty@five *<;+ days in case of municipalities and thirty *-6+ days in case of barangays( The Commission shall certify and proclaim the results of the said referendum( (ection 1 . Authorit3 of Courts. 4othing in this ct shall prevent or preclude the proper courts from declaring null and void any proposition approved pursuant to this ct for violation of the Constitution or "ant of capacity of the local legislative body to enact the said measure( $#. - 'in.l Pro/isions (EC!$"N 19. Applic.bilit3 of the "1nibus Election Co0e . The Amnibus 2lection Code and other election la"s$ not inconsistent "ith the provisions of this ct$ shall apply to all initiatives and referenda( (ection 27. Rules .n0 Regul.tions. The Commission is hereby empo"ered to promulgate such rules and regulations as may be necessary to carry out the purposes of this ct( (ection 21. Appropri.tions. The amount necessary to defray the cost of the initial implementation of this ct shall be charged against the Contingent )und in the 5eneral ppropriations ct of the current year( Thereafter$ such sums as may be necessary for the full implementation of this ct shall be included in the annual 5eneral ppropriations ct(

(ection 22. (ep.r.bilit3 Cl.use. ,f any part or provision of this ct is held invalid or unconstitutional$ the other parts or provisions thereof shall remain valid and effective( (ection 23. Effecti/it3. This ct shall ta!e effect fifteen *.;+ days after its publication in a ne"spaper of general circulation( pproved: August 4, 19 9