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(peoples) initiative where the people, acting as a constituent body, directly and actively
participate in the amendatory process of the Constitution. 8
Peoples initiative is a method whereby the people themselves can directly
propose amendments to the Constitution. 9 Accordingly, the reason for introducing this
new provision in the amendatory process of the Constitution is to constitutionalize the
significance of direct action of the people as dramatically exemplified in the February
1986 event.10 Recognizing the impact of people power as an expression of popular
sovereignty, the Commissioners who drafted the present fundamental law deemed it
appropriate to codify a method in the amendatory process whereby the people
themselves can directly propose amendments to the Constitution.
Looking closely at Article XVII, Section 2, the amendatory process of (peoples)
initiative is seen to be both an extraordinary and cumbersome process. 11 There are
several built-in limitations to its exercise as incorporated in the constitutional text itself.
For one, the provision is not self-executory, viz: The Congress shall provide for the
implementation of the exercise of this right. Thus, without any implementing law, the
power of initiative cannot be validly exercised. Indeed, the very first stumbling block to
the exercise of initiative as a method of effecting constitutional change is the need for an
implementing legislation. In the words of Mr. Chief Justice Davide, Jr., 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.12
In response to the constitutional mandate, Congress has enacted Republic Act
No. 6735 (RA 6735) in 1989, also known as the Initiative and Referendum Law. RA
6735 was intended to lay down the details in the implementation of and exercise by the
people of the power of initiative and referendum on three levels: (1) in local
legislation; (2) in national legislation; and (3) in constitutional change. However, while
RA 6735 provided for detailed sub-titles for National Initiative and Referendum in
Subtitle II and for Local Initiative and Referendum in Subtitle III, no similar subtitle was
provided for Initiative on the Constitution. Instead, RA 6735, out of all its twenty-three
sections, perfunctorily relates to initiative on the Constitution merely in the following
manner:13
(a) In Section 2, the word Constitution is mentioned;
(b) In Section 3, there is a definition for initiative on the Constitution and
includes it in the three systems of initiatives adopted in the Act;
(c) There is mention of a plebiscite as the process by which an initiative on the
Constitution may be approved or rejected by the people;
(d) It reiterates the constitutional requirements in Art. XVII, Sec. 2 as to the
number of voters who should sign the petition; and
(e) It provides for the date of effectivity of the approved proposition.
blow to the system of initiative on amendments to the Constitution 17 in light of the fact
that the right of the people to directly propose amendments to the Constitution is far
more important than the initiative on national and local laws. 18
With the ruling in Defensor-Santiago, there remains to be no existing law which
implements Article XVII, Section 2 of the 1987 Constitution. In the more recent case of
Lambino, et al. vs. COMELEC 19, the Supreme Court was petitioned to revisit DefensorSantiago but the Court refused to do so. Therefore, the ruling in the latter case stands.
RA 6735 is not applicable to implement peoples initiative on amendments to the
Constitution.
Aside from the need for an implementing legislation, other built-in limitations are
found in the text of Article XVII, Section 2. For instance, for the proposal to amend be
considered valid, it must have the support 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. 20 Notably, the numbers and
percentages under the Constitution are higher than those required in initiatives for local
and national laws.21 On top of the numbers and percentages requirement, Article XVII,
Section 2 further contains a time/frequency constraint as expressed in the following
proscription, viz: 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. This safeguards the public from a possible abuse of the cumbersome
16 Ibid.
17 Ibid.
18 Ibid.
19 GR No. 174153, October 25, 2006.
20 CONST., art. XVII, sec. 2.
21 BERNAS, 2003, supra.
process of initiative, which, if too frequently used or exercised will surely prejudice
government operation.
Significantly, it must be pointed out that the constitutional change authorized in
Article XVII, Section 2 through (peoples) initiative can only be amendment.22 It does not
allow a revision of the Constitution by initiative. This matter has been squarely put in
issue in the Lambino case, where the petitioners sought to change the government
system enshrined in the 1987 Constitution from Bicameral-Presidential to a UnicameralParliamentary system. The Supreme Court, in this case, held that the proposed
constitutional change which would require the abolition of the Office of the President
and the fusion of both chambers of Congress is beyond a doubt a revision, not a mere
amendment.23
Contrary to the Lambino, et al.s assertion, the Court held that difference between
revision and amendment is not merely of procedure. The Court, instead, provided the
following distinction, viz:24
Revision broadly implies a change that alters a basic principle in the
constitution, like altering the principle of separation of powers or the system
of checks-and-balances. There is also revision if the change alters the
substantial entirety of the constitution, as when the change affects substantial
provisions of the constitution.
On the other hand, amendment broadly refers to a change that adds,
reduces, or deletes without altering the basic principle involved.
Notwithstanding the above definitions, the Court was not quick to fix a hard and fast
rule when it comes to determining whether a change in law or the constitution is to be
characterized as a revision or a mere amendment. Instead, the Court ruled that
each specific change will have to be examined case-by-case, depending on how it
affects other provisions, as well as how it affects the structure of government, the