536 Phil. 1
CARPIO, J.:
DO YOU APPROVE THE AMENDMENT OF ARTICLES VI AND VII OF THE 1987 CONSTITUTION, CHANGING THE FORM OF GOVERNMENT FROM THE PRESENT BICAMERAL-PRESIDENTIAL TO A UNICAMERAL-PARLIAMENTARY SYSTEM, AND PROVIDING ARTICLE XVIII AS TRANSITORY PROVISIONS FOR THE ORDERLY SHIFT FROM ONE SYSTEM TO THE OTHER?On 30 August 2006, the Lambino Group filed an Amended Petition with the COMELEC indicating modifications in the proposed Article XVIII (Transitory Provisions) of their initiative.[7]
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. x x x x (Emphasis supplied)The deliberations of the Constitutional Commission vividly explain the meaning of an amendment "directly proposed by the people through initiative upon a petition," thus:
MR. RODRIGO: Let us look at the mechanics. Let us say some voters want to propose a constitutional amendment. Is the draft of the proposed constitutional amendment ready to be shown to the people when they are asked to sign?Clearly, the framers of the Constitution intended that the "draft of the proposed constitutional amendment" should be "ready and shown" to the people "before" they sign such proposal. The framers plainly stated that "before they sign there is already a draft shown to them." The framers also "envisioned" that the people should sign on the proposal itself because the proponents must "prepare that proposal and pass it around for signature."
MR. SUAREZ: That can be reasonably assumed, Madam President.
MR. RODRIGO: What does the sponsor mean? The draft is ready and shown to them before they sign. Now, who prepares the draft?
MR. SUAREZ: The people themselves, Madam President.
MR. RODRIGO: No, because before they sign there is already a draft shown to them and they are asked whether or not they want to propose this constitutional amendment.
MR. SUAREZ: As it is envisioned, any Filipino can prepare that proposal and pass it around for signature.[13] (Emphasis supplied)
[A] signature requirement would be meaningless if the person supplying the signature has not first seen what it is that he or she is signing. Further, and more importantly, loose interpretation of the subscription requirement can pose a significant potential for fraud. A person permitted to describe orally the contents of an initiative petition to a potential signer, without the signer having actually examined the petition, could easily mislead the signer by, for example, omitting, downplaying, or even flatly misrepresenting, portions of the petition that might not be to the signer's liking. This danger seems particularly acute when, in this case, the person giving the description is the drafter of the petition, who obviously has a vested interest in seeing that it gets the requisite signatures to qualify for the ballot.[17] (Boldfacing and underscoring supplied)Likewise, in Kerr v. Bradbury,[18] the Court of Appeals of Oregon explained:
The purposes of "full text" provisions that apply to amendments by initiative commonly are described in similar terms. x x x (The purpose of the full text requirement is to provide sufficient information so that registered voters can intelligently evaluate whether to sign the initiative petition."); x x x (publication of full text of amended constitutional provision required because it is "essential for the elector to have x x x the section which is proposed to be added to or subtracted from. If he is to vote intelligently, he must have this knowledge. Otherwise in many instances he would be required to vote in the dark.") (Emphasis supplied)Moreover, "an initiative signer must be informed at the time of signing of the nature and effect of that which is proposed" and failure to do so is "deceptive and misleading" which renders the initiative void.[19]
Province: | City/Municipality: | No. of Verified Signatures: | |
Legislative District: | Barangay: |
Precinct Number | Name Last Name, First Name, M.I. | Address | Birthdate MM/DD/YY | Signature | Verification | |
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___________________ Barangay Official (Print Name and Sign) | ___________________ Witness (Print Name and Sign) | __________________ |
I have caused the preparation of the foregoing [Amended] Petition in my personal capacity as a registered voter, for and on behalf of the Union of Local Authorities of the Philippines, as shown by ULAP Resolution No. 2006-02 hereto attached, and as representative of the mass of signatories hereto. (Emphasis supplied)The Lambino Group failed to attach a copy of ULAP Resolution No. 2006-02 to the present petition. However, the "Official Website of the Union of Local Authorities of the Philippines"[22] has posted the full text of Resolution No. 2006-02, which provides:
ULAP Resolution No. 2006-02 does not authorize petitioner Aumentado to prepare the 25 August 2006 petition, or the 30 August 2006 amended petition, filed with the COMELEC. ULAP Resolution No. 2006-02 "support(s) the porposals (sic) of the Consulatative (sic) Commission on Charter Change through people's initiative and referendum as a mode of amending the 1987 Constitution." The proposals of the Consultative Commission[24] are vastly different from the proposed changes of the Lambino Group in the 25 August 2006 petition or 30 August 2006 amended petition filed with the COMELEC.RESOLUTION NO. 2006-02
RESOLUTION SUPPORTING THE PROPOSALS OF THE PEOPLE'S CONSULTATIVE COMMISSION ON CHARTER CHANGE THROUGH PEOPLE'S INITIATIVE AND REFERENDUM AS A MODE OF AMENDING THE 1987 CONSTITUTION
WHEREAS, there is a need for the Union of Local Authorities of the Philippines (ULAP) to adopt a common stand on the approach to support the proposals of the People's Consultative Commission on Charter Change;
WHEREAS, ULAP maintains its unqualified support to the agenda of Her Excellency President Gloria Macapagal-Arroyo for constitutional reforms as embodied in the ULAP Joint Declaration for Constitutional Reforms signed by the members of the ULAP and the majority coalition of the House of Representatives in Manila Hotel sometime in October 2005;
WHEREAS, the People's Consultative Commission on Charter Change created by Her Excellency to recommend amendments to the 1987 Constitution has submitted its final report sometime in December 2005;
WHEREAS, the ULAP is mindful of the current political developments in Congress which militates against the use of the expeditious form of amending the 1987 Constitution;
WHEREAS, subject to the ratification of its institutional members and the failure of Congress to amend the Constitution as a constituent assembly, ULAP has unanimously agreed to pursue the constitutional reform agenda through People's Initiative and Referendum without prejudice to other pragmatic means to pursue the same;
WHEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED, THAT ALL THE MEMBER-LEAGUES OF THE UNION OF LOCAL AUTHORITIES OF THE PHILIPPINES (ULAP) SUPPORT THE PORPOSALS (SIC) OF THE PEOPLE'S CONSULATATIVE (SIC) COMMISSION ON CHARTER CHANGE THROUGH PEOPLE'S INITIATIVE AND REFERENDUM AS A MODE OF AMENDING THE 1987 CONSTITUTION;
DONE, during the ULAP National Executive Board special meeting held on 14 January 2006 at the Century Park Hotel, Manila.[23] (Underscoring supplied)
After the Petition was filed, Petitioners belatedly realized that the proposed amendments alleged in the Petition, more specifically, paragraph 3 of Section 4 and paragraph 2 of Section 5 of the Transitory Provisions were inaccurately stated and failed to correctly reflect their proposed amendments.The Lambino Group did not allege that they were amending the petition because the amended petition was what they had shown to the people during the February to August 2006 signature-gathering. Instead, the Lambino Group alleged that the petition of 25 August 2006 "inaccurately stated and failed to correctly reflect their proposed amendments."
[T]here is persuasive authority to the effect that "(w)here there is not (sic) fraud, a signer who did not read the measure attached to a referendum petition cannot question his signature on the ground that he did not understand the nature of the act." [82 C.J.S. S128h. Mo. State v. Sullivan, 224, S.W. 327, 283 Mo. 546.] Thus, the registered voters who signed the signature sheets circulated together with the petition for initiative filed with the COMELEC below, are presumed to have understood the proposition contained in the petition. (Emphasis supplied)The Lambino Group's statement that they circulated to the people "the petition for initiative filed with the COMELEC" appears an afterthought, made after the intervenors Integrated Bar of the Philippines (Cebu City Chapter and Cebu Province Chapters) and Atty. Quadra had pointed out that the signature sheets did not contain the text of the proposed changes. In their Consolidated Reply, the Lambino Group alleged that they circulated "the petition for initiative" but failed to mention the amended petition. This contradicts what Atty. Lambino finally stated during the oral arguments that what they circulated was the draft of the amended petition of 30 August 2006.
These three specific amendments are not stated or even indicated in the Lambino Group's signature sheets. The people who signed the signature sheets had no idea that they were proposing these amendments. These three proposed changes are highly controversial. The people could not have inferred or divined these proposed changes merely from a reading or rereading of the contents of the signature sheets.
- The term limits on members of the legislature will be lifted and thus members of Parliament can be re-elected indefinitely;[26]
- The interim Parliament can continue to function indefinitely until its members, who are almost all the present members of Congress, decide to call for new parliamentary elections. Thus, the members of the interim Parliament will determine the expiration of their own term of office; [27]
- Within 45 days from the ratification of the proposed changes, the interim Parliament shall convene to propose further amendments or revisions to the Constitution.[28]
Section 5(2). The interim Parliament shall provide for the election of the members of Parliament, which shall be synchronized and held simultaneously with the election of all local government officials. x x x x (Emphasis supplied)Section 5(2) does not state that the elections for the regular Parliament will be held simultaneously with the 2007 local elections. This section merely requires that the elections for the regular Parliament shall be held simultaneously with the local elections without specifying the year.
Section 4(4). Within forty-five days from ratification of these amendments, the interim Parliament shall convene to propose amendments to, or revisions of, this Constitution consistent with the principles of local autonomy, decentralization and a strong bureaucracy. (Emphasis supplied)During the oral arguments, Atty. Lambino stated that this provision is a "surplusage" and the Court and the people should simply ignore it. Far from being a surplusage, this provision invalidates the Lambino Group's initiative.
Combining multiple propositions into one proposal constitutes "logrolling," which, if our judicial responsibility is to mean anything, we cannot permit. The very broadness of the proposed amendment amounts to logrolling because the electorate cannot know what it is voting on - the amendment's proponents' simplistic explanation reveals only the tip of the iceberg. x x x x The ballot must give the electorate fair notice of the proposed amendment being voted on. x x x x The ballot language in the instant case fails to do that. The very broadness of the proposal makes it impossible to state what it will affect and effect and violates the requirement that proposed amendments embrace only one subject. (Emphasis supplied)Logrolling confuses and even deceives the people. In Yute Air Alaska v. McAlpine,[30] the Supreme Court of Alaska warned against "inadvertence, stealth and fraud" in logrolling:
Whenever a bill becomes law through the initiative process, all of the problems that the single-subject rule was enacted to prevent are exacerbated. There is a greater danger of logrolling, or the deliberate intermingling of issues to increase the likelihood of an initiative's passage, and there is a greater opportunity for "inadvertence, stealth and fraud" in the enactment-by-initiative process. The drafters of an initiative operate independently of any structured or supervised process. They often emphasize particular provisions of their proposition, while remaining silent on other (more complex or less appealing) provisions, when communicating to the public. x x x Indeed, initiative promoters typically use simplistic advertising to present their initiative to potential petition-signers and eventual voters. Many voters will never read the full text of the initiative before the election. More importantly, there is no process for amending or splitting the several provisions in an initiative proposal. These difficulties clearly distinguish the initiative from the legislative process. (Emphasis supplied)Thus, the present initiative appears merely a preliminary step for further amendments or revisions to be undertaken by the interim Parliament as a constituent assembly. The people who signed the signature sheets could not have known that their signatures would be used to propose an amendment mandating the interim Parliament to propose further amendments or revisions to the Constitution.
Section 4(3). Senators whose term of office ends in 2010 shall be members of Parliament until noon of the thirtieth day of June 2010.After 30 June 2010, not one of the present Senators will remain as member of Parliament if the interim Parliament does not schedule elections for the regular Parliament by 30 June 2010. However, there is no counterpart provision for the present members of the House of Representatives even if their term of office will all end on 30 June 2007, three years earlier than that of half of the present Senators. Thus, all the present members of the House will remain members of the interim Parliament after 30 June 2010.
Article XVII of the Constitution speaks of three modes of amending the Constitution. The first mode is through Congress upon three-fourths vote of all its Members. The second mode is through a constitutional convention. The third mode is through a people's initiative.ARTICLE XVII
AMENDMENTS OR REVISIONS
Sec. 1. Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its Members, or (2) A constitutional convention.
Sec. 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative x x x. (Emphasis supplied)
MR. SUAREZ: Thank you, Madam President.There can be no mistake about it. The framers of the Constitution intended, and wrote, a clear distinction between "amendment" and "revision" of the Constitution. The framers intended, and wrote, that only Congress or a constitutional convention may propose revisions to the Constitution. The framers intended, and wrote, that a people's initiative may propose only amendments to the Constitution. Where the intent and language of the Constitution clearly withhold from the people the power to propose revisions to the Constitution, the people cannot propose revisions even as they are empowered to propose amendments.
May we respectfully call the attention of the Members of the Commission that pursuant to the mandate given to us last night, we submitted this afternoon a complete Committee Report No. 7 which embodies the proposed provision governing the matter of initiative. This is now covered by Section 2 of the complete committee report. With the permission of the Members, may I quote Section 2:The people may, after five years from the date of the last plebiscite held, directly propose amendments to this Constitution thru initiative upon petition of at least ten percent of the registered voters.This completes the blanks appearing in the original Committee Report No. 7. This proposal was suggested on the theory that this matter of initiative, which came about because of the extraordinary developments this year, has to be separated from the traditional modes of amending the Constitution as embodied in Section 1. The committee members felt that this system of initiative should be limited to amendments to the Constitution and should not extend to the revision of the entire Constitution, so we removed it from the operation of Section 1 of the proposed Article on Amendment or Revision. x x x xx x x x
MS. AQUINO: [I] am seriously bothered by providing this process of initiative as a separate section in the Article on Amendment. Would the sponsor be amenable to accepting an amendment in terms of realigning Section 2 as another subparagraph (c) of Section 1, instead of setting it up as another separate section as if it were a self-executing provision?
MR. SUAREZ: We would be amenable except that, as we clarified a while ago, this process of initiative is limited to the matter of amendment and should not expand into a revision which contemplates a total overhaul of the Constitution. That was the sense that was conveyed by the Committee.
MS. AQUINO: In other words, the Committee was attempting to distinguish the coverage of modes (a) and (b) in Section 1 to include the process of revision; whereas, the process of initiation to amend, which is given to the public, would only apply to amendments?
MR. SUAREZ: That is right. Those were the terms envisioned in the Committee.
MS. AQUINO: I thank the sponsor; and thank you, Madam President.x x x x
MR. MAAMBONG: My first question: Commissioner Davide's proposed amendment on line 1 refers to "amendments." Does it not cover the word "revision" as defined by Commissioner Padilla when he made the distinction between the words "amendments" and "revision"?
MR. DAVIDE: No, it does not, because "amendments" and "revision" should be covered by Section 1. So insofar as initiative is concerned, it can only relate to "amendments" not "revision."
MR. MAAMBONG: Thank you.[31] (Emphasis supplied)
The initiative power reserved by the people by amendment to the Constitution x x x applies only to the proposing and the adopting or rejecting of "laws and amendments to the Constitution" and does not purport to extend to a constitutional revision. x x x x It is thus clear that a revision of the Constitution may be accomplished only through ratification by the people of a revised constitution proposed by a convention called for that purpose as outlined hereinabove. Consequently if the scope of the proposed initiative measure (hereinafter termed "the measure") now before us is so broad that if such measure became law a substantial revision of our present state Constitution would be effected, then the measure may not properly be submitted to the electorate until and unless it is first agreed upon by a constitutional convention, and the writ sought by petitioner should issue. x x x x (Emphasis supplied)Likewise, the Supreme Court of Oregon ruled in Holmes v. Appling:[33]
It is well established that when a constitution specifies the manner in which it may be amended or revised, it can be altered by those who favor amendments, revision, or other change only through the use of one of the specified means. The constitution itself recognizes that there is a difference between an amendment and a revision; and it is obvious from an examination of the measure here in question that it is not an amendment as that term is generally understood and as it is used in Article IV, Section 1. The document appears to be based in large part on the revision of the constitution drafted by the "Commission for Constitutional Revision" authorized by the 1961 Legislative Assembly, x x x and submitted to the 1963 Legislative Assembly. It failed to receive in the Assembly the two-third's majority vote of both houses required by Article XVII, Section 2, and hence failed of adoption, x x x.Similarly, in this jurisdiction there can be no dispute that a people's initiative can only propose amendments to the Constitution since the Constitution itself limits initiatives to amendments. There can be no deviation from the constitutionally prescribed modes of revising the Constitution. A popular clamor, even one backed by 6.3 million signatures, cannot justify a deviation from the specific modes prescribed in the Constitution itself.
While differing from that document in material respects, the measure sponsored by the plaintiffs is, nevertheless, a thorough overhauling of the present constitution x x x.
To call it an amendment is a misnomer.
Whether it be a revision or a new constitution, it is not such a measure as can be submitted to the people through the initiative. If a revision, it is subject to the requirements of Article XVII, Section 2(1); if a new constitution, it can only be proposed at a convention called in the manner provided in Article XVII, Section 1. x x x x
It is a fundamental principle that a constitution can only be revised or amended in the manner prescribed by the instrument itself, and that any attempt to revise a constitution in a manner other than the one provided in the instrument is almost invariably treated as extra-constitutional and revolutionary. x x x x "While it is universally conceded that the people are sovereign and that they have power to adopt a constitution and to change their own work at will, they must, in doing so, act in an orderly manner and according to the settled principles of constitutional law. And where the people, in adopting a constitution, have prescribed the method by which the people may alter or amend it, an attempt to change the fundamental law in violation of the self-imposed restrictions, is unconstitutional." x x x x (Emphasis supplied)This Court, whose members are sworn to defend and protect the Constitution, cannot shirk from its solemn oath and duty to insure compliance with the clear command of the Constitution that a people's initiative may only amend, never revise, the Constitution.
[T]he very term "constitution" implies an instrument of a permanent and abiding nature, and the provisions contained therein for its revision indicate the will of the people that the underlying principles upon which it rests, as well as the substantial entirety of the instrument, shall be of a like permanent and abiding nature. On the other hand, the significance of the term "amendment" implies such an addition or change within the lines of the original instrument as will effect an improvement, or better carry out the purpose for which it was framed.[35] (Emphasis supplied)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. Revision generally affects several provisions of the constitution, while amendment generally affects only the specific provision being amended.
An amendment envisages an alteration of one or a few specific and separable provisions. The guiding original intention of an 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 that are judged to be dangerous. In revision, however, the guiding original intention and plan contemplates a re-examination of the entire document, or of provisions of the document which have over-all implications for the entire document, to determine how and to what extent they should be altered. Thus, for instance a switch from the presidential system to a parliamentary system would be a revision because of its over-all impact on the entire constitutional structure. So would a switch from a bicameral system to a unicameral system be because of its effect on other important provisions of the Constitution.[41] (Emphasis supplied)In Adams v. Gunter,[42] an initiative petition proposed the amendment of the Florida State constitution to shift from a bicameral to a unicameral legislature. The issue turned on whether the initiative "was defective and unauthorized where [the] proposed amendment would x x x affect several other provisions of [the] Constitution." The Supreme Court of Florida, striking down the initiative as outside the scope of the initiative clause, ruled as follows:
The proposal here to amend Section 1 of Article III of the 1968 Constitution to provide for a Unicameral Legislature affects not only many other provisions of the Constitution but provides for a change in the form of the legislative branch of government, which has been in existence in the United States Congress and in all of the states of the nation, except one, since the earliest days. It would be difficult to visualize a more revolutionary change. The concept of a House and a Senate is basic in the American form of government. It would not only radically change the whole pattern of government in this state and tear apart the whole fabric of the Constitution, but would even affect the physical facilities necessary to carry on government.The rationale of the Adams decision applies with greater force to the present petition. The Lambino Group's initiative not only seeks a shift from a bicameral to a unicameral legislature, it also seeks to merge the executive and legislative departments. The initiative in Adams did not even touch the executive department.
x x x x
We conclude with the observation that if such proposed amendment were adopted by the people at the General Election and if the Legislature at its next session should fail to submit further amendments to revise and clarify the numerous inconsistencies and conflicts which would result, or if after submission of appropriate amendments the people should refuse to adopt them, simple chaos would prevail in the government of this State. The same result would obtain from an amendment, for instance, of Section 1 of Article V, to provide for only a Supreme Court and Circuit Courts-and there could be other examples too numerous to detail. These examples point unerringly to the answer.
The purpose of the long and arduous work of the hundreds of men and women and many sessions of the Legislature in bringing about the Constitution of 1968 was to eliminate inconsistencies and conflicts and to give the State a workable, accordant, homogenous and up-to-date document. All of this could disappear very quickly if we were to hold that it could be amended in the manner proposed in the initiative petition here.[43] (Emphasis supplied)
The Lambino Group in effect argues that if Congress or a constitutional convention had drafted the same proposed changes that the Lambino Group wrote in the present initiative, the changes would constitute a revision of the Constitution. Thus, the Lambino Group concedes that the proposed changes in the present initiative constitute a revision if Congress or a constitutional convention had drafted the changes. However, since the Lambino Group as private individuals drafted the proposed changes, the changes are merely amendments to the Constitution. The Lambino Group trivializes the serious matter of changing the fundamental law of the land.
- With this distinction in mind, we note that the constitutional provisions expressly provide for both "amendment" and "revision" when it speaks of legislators and constitutional delegates, while the same provisions expressly provide only for "amendment" when it speaks of the people. It would seem that the apparent distinction is based on the actual experience of the people, that on one hand the common people in general are not expected to work full-time on the matter of correcting the constitution because that is not their occupation, profession or vocation; while on the other hand, the legislators and constitutional convention delegates are expected to work full-time on the same matter because that is their occupation, profession or vocation. Thus, the difference between the words "revision" and "amendment" pertain only to the process or procedure of coming up with the corrections, for purposes of interpreting the constitutional provisions.
- Stated otherwise, the difference between "amendment" and "revision" cannot reasonably be in the substance or extent of the correction. x x x x (Underlining in the original; boldfacing supplied)
Mabon argues that Article XVII, section 2, does not apply to changes to the constitution proposed by initiative. His theory is that Article XVII, section 2 merely provides a procedure by which the legislature can propose a revision of the constitution, but it does not affect proposed revisions initiated by the people.Similarly, this Court must reject the Lambino Group's theory which negates the express intent of the framers and the plain language of the Constitution.
Plaintiffs argue that the proposed ballot measure constitutes a wholesale change to the constitution that cannot be enacted through the initiative process. They assert that the distinction between amendment and revision is determined by reviewing the scope and subject matter of the proposed enactment, and that revisions are not limited to "a formal overhauling of the constitution." They argue that this ballot measure proposes far reaching changes outside the lines of the original instrument, including profound impacts on existing fundamental rights and radical restructuring of the government's relationship with a defined group of citizens. Plaintiffs assert that, because the proposed ballot measure "will refashion the most basic principles of Oregon constitutional law," the trial court correctly held that it violated Article XVII, section 2, and cannot appear on the ballot without the prior approval of the legislature.
We first address Mabon's argument that Article XVII, section 2(1), does not prohibit revisions instituted by initiative. In Holmes v. Appling, x x x, the Supreme Court concluded that a revision of the constitution may not be accomplished by initiative, because of the provisions of Article XVII, section 2. After reviewing Article XVII, section1, relating to proposed amendments, the court said:"From the foregoing it appears that Article IV, Section 1, authorizes the use of the initiative as a means of amending the Oregon Constitution, but it contains no similar sanction for its use as a means of revising the constitution." x x x xIt then reviewed Article XVII, section 2, relating to revisions, and said: "It is the only section of the constitution which provides the means for constitutional revision and it excludes the idea that an individual, through the initiative, may place such a measure before the electorate." x x x x
Accordingly, we reject Mabon's argument that Article XVII, section 2, does not apply to constitutional revisions proposed by initiative. (Emphasis supplied)
Section 2. Upon the expiration of the term of the incumbent President and Vice President, with the exception of Sections 1, 2, 3, 4, 5, 6 and 7 of Article VI of the 1987 Constitution which shall hereby be amended and Sections 18 and 24 which shall be deleted, all other Sections of Article VI are hereby retained and renumbered sequentially as Section 2, ad seriatim up to 26, unless they are inconsistent with the Parliamentary system of government, in which case, they shall be amended to conform with a unicameral parliamentary form of government; x x x x (Emphasis supplied)The basic rule in statutory construction is that if a later law is irreconcilably inconsistent with a prior law, the later law prevails. This rule also applies to construction of constitutions. However, the Lambino Group's draft of Section 2 of the Transitory Provisions turns on its head this rule of construction by stating that in case of such irreconcilable inconsistency, the earlier provision "shall be amended to conform with a unicameral parliamentary form of government." The effect is to freeze the two irreconcilable provisions until the earlier one "shall be amended," which requires a future separate constitutional amendment.
The Court ruled, first, by a unanimous vote, that no grave abuse of discretion could be attributed to the public respondent COMELEC in dismissing the petition filed by PIRMA therein, it appearing that it only complied with the dispositions in the Decisions of this Court in G.R. No. 127325, promulgated on March 19, 1997, and its Resolution of June 10, 1997.
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. x x x.The afore-quoted provision of the Constitution being a non self-executory provision needed an enabling law for its implementation. Thus, in order to breathe life into the constitutional right of the people under a system of initiative to directly propose, enact, approve or reject, in whole or in part, the Constitution, laws, ordinances, or resolution, Congress enacted Republic Act No. 6735.
The Congress shall provide for the implementation of the exercise of this right.
Eight (8) members of the Court, namely, then Associate Justice Hilario G. Davide, Jr. (ponente), Chief Justice Andres R. Narvasa, and Associate Justices Florenz D. Regalado, Flerida Ruth P. Romero, Josue N. Bellosillo, Santiago M. Kapunan, Regino C. Hermosisima, Jr. and Justo P. Torres, fully concurred in the majority opinion.CONCLUSION
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 to 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 longer in complying with the constitutional mandate to provide for the implementation of the right of the people under that system.
WHEREFORE, judgment is hereby rendereda) GRANTING the instant petition;
b) DECLARING R.A. No. 6735 inadequate to cover the system of initiative on amendments to the Constitution, and to have failed to provide sufficient standard for subordinate legislation;
c) DECLARING void those parts of Resolution No. 2300 of the Commission on Elections prescribing rules and regulations on the conduct of initiative or amendments to the Constitution; and
d) ORDERING the Commission on Elections to forthwith DISMISS the DELFIN petition (UND-96-037).
The Temporary Restraining Order issued on 18 December 1996 is made permanent against the Commission on Elections, but is LIFTED as against private respondents.[5]
Do you approve amendments to the 1987 Constitution giving the President the chance to be reelected for another term, similarly with the Vice-President, so that both the highest officials of the land can serve for two consecutive terms of six years each, and also to lift the term limits for all other elective government officials, thus giving Filipino voters the freedom of choice, amending for that purpose, Section 4 of Article VII, Sections 4 and 7 of Article VI and Section 8 of Article X, respectively?The COMELEC dismissed the PIRMA Petition in view of the permanent restraining order issued by the Court in Santiago v. COMELEC.
The Court ruled, first, by a unanimous vote, that no grave abuse of discretion could be attributed to the public respondent COMELEC in dismissing the petition filed by PIRMA therein, it appearing that it only complied with the dispositions in the Decision of this Court in G.R. No. 127325 promulgated on March 19, 1997, and its Resolution of June 10, 1997.In their Separate Opinions, Justice (later Chief Justice) Davide and Justice Bellosillo stated that the PIRMA petition was dismissed on the ground of res judicata.
The Court next considered the question of whether there was need to resolve the second issue posed by the petitioners, namely, that the Court re-examine its ruling as regards R.A. 6735. On this issue, the Chief Justice and six (6) other members of the Court, namely, Regalado, Davide, Romero, Bellosillo, Kapunan and Torres, JJ., voted that there was no need to take it up. Vitug, J., agreed that there was no need for re-examination of said second issue since the case at bar is not the proper vehicle for that purpose. Five (5) other members of the Court, namely, Melo, Puno, Francisco, Hermosisima, and Panganiban, JJ., opined that there was a need for such a re-examination x x x x[9]
A. Sections 1, 2, 3, 4, 5, 6 and 7 of Article VI shall be amended to read as follows:Sigaw ng Bayan prepared signature sheets, on the upper portions of which were written the abstract of the proposed amendments, to wit:Section 1. (1) The legislative and executive powers shall be vested in a unicameral Parliament which shall be composed of as many members as may be provided by law, to be apportioned among the provinces, representative districts, and cities in accordance with the number of their respective inhabitants, with at least three hundred thousand inhabitants per district, and on the basis of a uniform and progressive ratio. Each district shall comprise, as far as practicable, contiguous, compact and adjacent territory, and each province must have at least one member.B. Sections 1, 2, 3 and 4 of Article VII of the 1987 Constitution are hereby amended to read, as follows:
(2) Each Member of Parliament shall be a natural-born citizen of the Philippines, at least twenty-five years old on the day of the election, a resident of his district for at least one year prior thereto, and shall be elected by the qualified voters of his district for a term of five years without limitation as to the number thereof, except those under the party-list system which shall be provided for by law and whose number shall be equal to twenty per centum of the total membership coming from the parliamentary districts.Section 1. There shall be a President who shall be the Head of State. The executive power shall be exercised by a Prime Minister, with the assistance of the Cabinet. The Prime Minister shall be elected by a majority of all the Members of Parliament from among themselves. He shall be responsible to the Parliament for the program of government.C. For the purpose of insuring an orderly transition from the bicameral-Presidential to a unicameral-Parliamentary form of government, there shall be a new Article XVIII, entitled "Transitory Provisions," which shall read, as follows:Section 1. (1) The incumbent President and Vice President shall serve until the expiration of their term at noon on the thirtieth day of June 2010 and shall continue to exercise their powers under the 1987 Constitution unless impeached by a vote of two thirds of all the members of the interim parliament.
(2) In case of death, permanent disability, resignation or removal from office of the incumbent President, the incumbent Vice President shall succeed as President. In case of death, permanent disability, resignation or removal from office of both the incumbent President and Vice President, the interim Prime Minister shall assume all the powers and responsibilities of Prime Minister under Article VII as amended.
Section 2. Upon the expiration of the term of the incumbent President and Vice President, with the exception of Sections 1, 2, 3, 4, 5, 6 and 7 of Article VI of the 1987 Constitution which shall hereby be amended and Sections 18 and 24 which shall be deleted, all other Sections of Article VI are hereby retained and renumbered sequentially as Section 2, ad seriatim up to 26, unless they are inconsistent with the Parliamentary system of government, in which case, they shall be amended to conform with a unicameral parliamentary form of government; provided, however, that any and all references therein to "Congress," "Senate," "House of Representatives" and "Houses of Congress" shall be changed to read "Parliament;" that any and all references therein to "Member(s) of Congress," "Senator(s)" or "Member(s) of the House of Representatives" shall be changed to read as "Member(s) of Parliament" and any and all references to the "President" and/or "Acting President" shall be changed to read "Prime Minister."
Section 3. Upon the expiration of the term of the incumbent President and Vice President, with the exception of Sections 1, 2, 3 and 4 of Article VII of the 1987 Constitution which are hereby amended and Sections 7, 8, 9, 10, 11 and 12 which are hereby deleted, all other Sections of Article VII shall be retained and renumbered sequentially as Section 2, ad seriatim up to 14, unless they shall be inconsistent with Section 1 hereof, in which case they shall be deemed amended so as to conform to a unicameral Parliamentary System of government; provided, however, that any all references therein to "Congress," "Senate," "House of Representatives" and "Houses of Congress" shall be changed to read "Parliament;" that any and all references therein to "Member(s) of Congress," "Senator(s)" or "Member(s) of the House of Representatives" shall be changed to read as "Member(s) of Parliament" and any and all references to the "President" and or "Acting President" shall be changed to read "Prime Minister."
Section 4. (1) There shall exist, upon the ratification of these amendments, an interim Parliament which shall continue until the Members of the regular Parliament shall have been elected and shall have qualified. It shall be composed of the incumbent Members of the Senate and the House of Representatives and the incumbent Members of the Cabinet who are heads of executive departments.
(2) The incumbent Vice President shall automatically be a Member of Parliament until noon of the thirtieth day of June 2010. He shall also be a member of the cabinet and shall head a ministry. He shall initially convene the interim Parliament and shall preside over its sessions for the election of the interim Prime Minister and until the Speaker shall have been elected by a majority vote of all the members of the interim Parliament from among themselves.
(3) Senators whose term of office ends in 2010 shall be Members of Parliament until noon of the thirtieth day of June 2010.
(4) Within forty-five days from ratification of these amendments, the interim Parliament shall convene to propose amendments to, or revisions of, this Constitution consistent with the principles of local autonomy, decentralization and a strong bureaucracy.
Section 5. (1) The incumbent President, who is the Chief Executive, shall nominate, from among the members of the interim Parliament, an interim Prime Minister, who shall be elected by a majority vote of the members thereof. The interim Prime Minister shall oversee the various ministries and shall perform such powers and responsibilities as may be delegated to him by the incumbent President."
(2) The interim Parliament shall provide for the election of the members of Parliament, which shall be synchronized and held simultaneously with the election of all local government officials. The duly elected Prime Minister shall continue to exercise and perform the powers, duties and responsibilities of the interim Prime Minister until the expiration of the term of the incumbent President and Vice President.[10]
Abstract: Do you approve of the amendment of Articles VI and VII of the 1987 Constitution, changing the form of government from the present bicameral-presidential to a unicameral-parliamentary system of government, in order to achieve greater efficiency, simplicity and economy in government; and providing an Article XVIII as Transitory Provisions for the orderly shift from one system to another?The signature sheets were distributed nationwide to affiliated non-government organizations and volunteers of Sigaw ng Bayan, as well as to the local officials. Copies of the draft petition for initiative containing the proposition were also circulated to the local officials and multi-sectoral groups.
Several groups filed with the COMELEC their respective oppositions to the petition for initiative, among them ONEVOICE, Inc., Christian S. Monsod, Rene B. Azurin, Manuel L. Quezon III, Benjamin T. Tolosa, Jr., Susan V. Ople, and Carlos P. Medina, Jr.; Alternative Law Groups, Inc., Senate Minority Leader Aquilino Q. Pimentel, Jr., Senators Sergio Osmeña III, Jamby A.S. Madrigal, Alfredo S. Lim, Panfilo M. Lacson, Luisa P. Ejercito-Estrada, and Jinggoy Estrada; Representatives Loretta Ann P. Rosales, Mario Joyo Aguja, and Ana Theresia Hontiveros-Baraquel; Bayan, Kilusang Mayo Uno, Ecumenical Bishops Forum, Migrante, Gabriela, Gabriela Women's Party, Anakbayan, League of Filipino Students, Leonardo San Jose, Jojo Pineda, Drs. Darby Santiago and Reginald Pamugas; Attys. Pete Quirino-Quadra, Jose Anselmo I. Cadiz, Byron D. Bocar, Ma. Tanya Karina A. Lat, Antonio L. Salvador, and Randall C. Tabayoyong.
- Finding the petition to be sufficient pursuant to Section 4, Article XVII of the 1987 Constitution;
- Directing the publication of the petition in Filipino and English at least twice in newspapers of general and local circulation; and
- Calling a plebiscite to be held not earlier than sixty nor later than ninety days after the Certification by the COMELEC of the sufficiency of the petition, to allow the Filipino people to express their sovereign will on the proposition.
The oppositors-intervenors, ONEVOICE, Inc., Christian S. Monsod, Rene B. Azurin, Manuel L. Quezon III, Benjamin T. Tolosa, Jr., Susan V. Ople, and Carlos P. Medina, Jr.; Alternative Law Groups, Inc.; Bayan, Kilusang Mayo Uno, Ecumenical Bishops Forum, Migrante Gabriela, Gabriela Women's Party, Anakbayan, League of Filipino Students, Leonardo San Jose, Jojo Pineda, Dr. Darby Santiago, and Dr. Reginald Pamugas; Senate Minority Leader Aquilino Q. Pimentel, Jr., and Senators Sergio Osmeña III, Jamby A.S. Madrigal, Alfredo S. Lim, Panfilo M. Lacson, Luisa P. Ejercito-Estrada, and Jinggoy Estrada; Representatives Loretta Ann P. Rosales, Mario Joyo Aguja, and Ana Theresia Hontiveros-Baraquel; and Attys. Pete Quirino-Quadra, Jose Anselmo I. Cadiz, Byron D. Bocar, Ma. Tanya Karina A. Lat, Antonio L. Salvador, and Randall C. Tabayoyong moved to intervene in this case and filed their respective Oppositions/Comments-in-Intervention.I.
The Honorable public respondent COMELEC committed grave abuse of discretion in refusing to take cognizance of, and to give due course to the petition for initiative, because the cited Santiago ruling of 19 March 1997 cannot be considered the majority opinion of the Supreme Court en banc, considering that upon its reconsideration and final voting on 10 June 1997, no majority vote was secured to declare Republic Act No. 6735 as inadequate, incomplete and insufficient in standard.II.
The 1987 Constitution, Republic Act No. 6735, Republic Act No. 8189 and existing appropriation of the COMELEC provide for sufficient details and authority for the exercise of people's initiative, thus, existing laws taken together are adequate and complete.III.
The Honorable public respondent COMELEC committed grave abuse of discretion in refusing to take cognizance of, and in refusing to give due course to the petition for initiative, thereby violating an express constitutional mandate and disregarding and contravening the will of the people.A.
Assuming in arguendo that there is no enabling law, respondent COMELEC cannot ignore the will of the sovereign people and must accordingly act on the petition for initiative.1.
The framers of the Constitution intended to give the people the power to propose amendments and the people themselves are now giving vibrant life to this constitutional provision.2.
Prior to the questioned Santiago ruling of 19 March 1997, the right of the people to exercise the sovereign power of initiative and recall has been invariably upheld.3.
The exercise of the initiative to propose amendments is a political question which shall be determined solely by the sovereign people.4.
By signing the signature sheets attached to the petition for initiative duly verified by the election officers, the people have chosen to perform this sacred exercise of their sovereign power.B.
The Santiago ruling of 19 March 1997 is not applicable to the instant petition for initiative filed by the petitioners.C.
The permanent injunction issued in Santiago vs. COMELEC only applies to the Delfin petition.1.
It is the dispositive portion of the decision and not other statements in the body of the decision that governs the rights in controversy.IV.
The Honorable public respondent failed or neglected to act or perform a duty mandated by law.A.The ministerial duty of the COMELEC is to set the initiative for plebiscite.[12]
With humility, I offer the following views to these issues as profiled:
- Whether petitioners Lambino and Aumentado are proper parties to file the present Petition in behalf of the more than six million voters who allegedly signed the proposal to amend the Constitution.
- Whether the Petitions for Initiative filed before the Commission on Elections complied with Section 2, Article XVII of the Constitution.
- Whether the Court's decision in Santiago v. COMELEC (G.R. No. 127325, March 19, 1997) bars the present petition.
- Whether the Court should re-examine the ruling in Santiago v. COMELEC that there is no sufficient law implementing or authorizing the exercise of people's initiative to amend the Constitution.
- Assuming R.A. 6735 is sufficient, whether the Petitions for Initiative filed with the COMELEC have complied with its provisions.
5.1 Whether the said petitions are sufficient in form and substance. 5.2 Whether the proposed changes embrace more than one subject matter.- Whether the proposed changes constitute an amendment or revision of the Constitution.
6.1 Whether the proposed changes are the proper subject of an initiative.- Whether the exercise of an initiative to propose amendments to the Constitution is a political question to be determined solely by the sovereign people.
- Whether the Commission on Elections committed grave abuse of discretion in dismissing the Petitions for Initiative filed before it.
Oppositors-intervenors contend that petitioners Lambino and Aumentado are not the proper parties to file the instant petition as they were not authorized by the signatories in the petition for initiative.I
Petitioners Lambino and Aumentado are proper parties to file the present Petition in behalf of the more than six million voters who allegedly signed the proposal to amend the Constitution.
x x x My signature herein which shall form part of the petition for initiative to amend the Constitution signifies my support for the filing thereof.[14]There is thus no need for the more than six (6) million signatories to execute separate documents to authorize petitioners to file the petition for initiative in their behalf.
SECTION 1. Petition for certiorari.--When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess of his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, nor any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court x x x x.Thus, any person aggrieved by the act or inaction of the respondent tribunal, board or officer may file a petition for certiorari or mandamus before the appropriate court. Certainly, Lambino and Aumentado, as among the proponents of the petition for initiative dismissed by the COMELEC, have the standing to file the petition at bar.
SEC. 3. Petition for mandamus.--When any tribunal, corporation, board, officer or person unlawfully neglects the performance of an act which the law specifically enjoins as a duty resulting from an office, trust, or station x x x and there is no other plain, speedy and adequate remedy in the ordinary course of law, the person aggrieved thereby may file a verified petition in the proper court x x x x.
The latin phrase stare decisis et non quieta movere means "stand by the thing and do not disturb the calm." The doctrine started with the English Courts.[15] Blackstone observed that at the beginning of the 18th century, "it is an established rule to abide by former precedents where the same points come again in litigation."[16] As the rule evolved, early limits to its application were recognized: (1) it would not be followed if it were "plainly unreasonable;" (2) where courts of equal authority developed conflicting decisions; and, (3) the binding force of the decision was the "actual principle or principles necessary for the decision; not the words or reasoning used to reach the decision."[17]IIThe doctrine of stare decisis does not bar the reexamination of Santiago.
Let us reexamine the validity of the view of the six (6) justices that R.A. 6735 is insufficient to implement Section 2, Article XVII of the 1987 Constitution allowing amendments to the Constitution to be directly proposed by the people through initiative.IIIA reexamination of R.A. 6735 will show that it is sufficient to implement the people's initiative.
Sec. 2. Statement of Policy. -- The power of the people under a 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 upon compliance with the requirements of this Act is hereby affirmed, recognized and guaranteed. (emphasis supplied)It defines "initiative" as "the power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose," and "plebiscite" as "the electoral process by which an initiative on the Constitution is approved or rejected by the people."
(1) That "(a) petition for an initiative on the 1987 Constitution must have at least twelve per centum (12%) of the total number of registered voters as signatories, of which every legislative district must be represented by at least three per centum (3%) of the registered voters therein;"[38] andIt fixes the effectivity date of the amendment under Section 9(b) which provides that "(t)he proposition in an initiative on the Constitution approved by a majority of the votes cast in the plebiscite shall become effective as to the day of the plebiscite."
(2) That "(i)nitiative on the Constitution may be exercised only after five (5) years from the ratification of the 1987 Constitution and only once every five (5) years thereafter."[39]
We agree that R.A. No. 6735 was, as its history reveals, intended to cover initiative to propose amendments to the Constitution. The Act is a consolidation of House Bill No. 21505 and Senate Bill No. 17 x x x x The Bicameral Conference Committee consolidated Senate Bill No. 17 and House Bill No. 21505 into a draft bill, which was subsequently approved on 8 June 1989 by the Senate and by the House of Representatives. This approved bill is now R.A. No. 6735.Third. The sponsorship speeches by the authors of R.A. 6735 similarly demonstrate beyond doubt this intent. In his sponsorship remarks, the late Senator Raul Roco (then a Member of the House of Representatives) emphasized the intent to make initiative as a mode whereby the people can propose amendments to the Constitution. We quote his relevant remarks:[41]
Equally unequivocal on the intent of R.A. 6735 is the sponsorship speech of former Representative Salvador Escudero III, viz:[42]SPONSORSHIP REMAKRS OF REP. ROCO
MR. ROCO. Mr. Speaker, with the permission of the committee, we wish to speak in support of House Bill No. 497, entitled: INITIATIVE AND REFERENDUM ACT OF 1987, which later on may be called Initiative and Referendum Act of 1989.
As a background, we want to point out the constitutional basis of this particular bill. The grant of plenary legislative power upon the Philippine Congress by the 1935, 1973 and 1987 Constitutions, Mr. Speaker, was based on the principle that any power deemed to be legislative by usage and tradition is necessarily possessed by the Philippine Congress unless the Organic Act has lodged it elsewhere. This was a citation from Vera vs. Avelino (1946).
The presidential system introduced by the 1935 Constitution saw the application of the principle of separation of powers. While under the parliamentary system of the 1973 Constitution the principle remained applicable, Amendment 6 or the 1981 amendments to the 1973 Constitution ensured presidential dominance over the Batasang Pambansa.
Our constitutional history saw the shifting and sharing of legislative power between the legislature and the executive.
Transcending such changes in the exercise of legislative power is the declaration in the Philippine Constitution that he Philippines is a Republican State where sovereignty resides in the people and all government authority emanates from them.
In a Republic, Mr. Speaker, the power to govern is vested in its citizens participating through the right of suffrage and indicating thereby their choice of lawmakers.
Under the 1987 Constitution, lawmaking power is still preserved in Congress. However, to institutionalize direct action of the people as exemplified in the 1986 Revolution, there is a practical recognition of what we refer to as people's sovereign power. This is the recognition of a system of initiative and referendum.
Section 1, Article VI of the 1987 Constitution provides, and I quote:The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.In other words, Mr. Speaker, under the 1987 Constitution, Congress does not have plenary powers. There is a reserved legislative power given to the people expressly.
Section 32, the implementing provision of the same article of the Constitution provides, and I quote:The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, or which every legislative district must be represented by at least three per centum of the registered voters thereof.In other words, Mr. Speaker, in Section 1 of Article VI which describes legislative power, there are reserved powers given to the people. In Section 32, we are specifically told to pass at the soonest possible time a bill on referendum and initiative. We are specifically mandated to share the legislative powers of Congress with the people.
Of course, another applicable provision in the Constitution is Section 2, Article XVII, Mr. Speaker. Under the provision on amending the Constitution, the section reads, and I quote: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.We in Congress therefore, Mr. Speaker, are charged with the duty to implement the exercise by the people of the right of initiative and referendum.
House Bill No. 21505, as reported out by the Committee on Suffrage and Electoral Reforms last December 14, 1988, Mr. Speaker, is the response to such a constitutional duty.
Mr. Speaker, if only to allay apprehensions, allow me to show where initiative and referendum under Philippine law has occurred.
Mr. Speaker, the system of initiative and referendum is not new. In a very limited extent, the system is provided for in our Local Government Code today. On initiative, for instance, Section 99 of the said code vests in the barangay assembly the power to initiate legislative processes, to hold plebiscites and to hear reports of the sangguniang barangay. There are variations of initiative and referendum. The barangay assembly is composed of all persons who have been actual residents of the barangay for at least six months, who are at least 15 years of age and citizens of the Philippines. The holding of barangay plebiscites and referendum is also provided in Sections 100 and 101 of the same Code.
Mr. Speaker, for brevity I will not read the pertinent quotations but will just submit the same to the Secretary to be incorporated as part of my speech.
To continue, Mr. Speaker these same principles are extensively applied by the Local Government Code as it is now mandated by the 1987 Constitution.
In other jurisdictions, Mr. Speaker, we have ample examples of initiative and referendum similar to what is now contained in House Bill No. 21505. As in the 1987 Constitutions and House Bill No. 21505, the various constitutions of the states in the United States recognize the right of registered voters to initiate the enactment of any statute or to reject any existing law or parts thereof in a referendum. These states are Alaska, Alabama, Montana, Massachusetts, Dakota, Oklahoma, Oregon, and practically all other states.
In certain American states, the kind of laws to which initiative and referendum applies is also without ay limitation, except for emergency measures, which is likewise incorporated in Section 7(b) of House Bill No. 21505.
The procedure provided by the House bill - from the filing of the petition, the requirement of a certain percentage of supporters to present a proposition to submission to electors - is substantially similar to those of many American laws. Mr. Speaker, those among us who may have been in the United States, particularly in California, during election time or last November during the election would have noticed different propositions posted in the city walls. They were propositions submitted by the people for incorporation during the voting. These were in the nature of initiative, Mr. Speaker.
Although an infant then in Philippine political structure, initiative and referendum is a tried and tested system in other jurisdictions, and House Bill No. 21505 through the various consolidated bills is patterned after American experience in a great respect.
What does the bill essentially say, Mr. Speaker? Allow me to try to bring our colleagues slowly through the bill. The bill has basically only 12 sections. The constitutional Commissioners, Mr. Speaker, saw this system of initiative and referendum as an instrument which can be used should the legislature show itself indifferent to the needs of the people. That is why, Mr. Speaker, it may be timely, since we seem to be amply criticized, as regards our responsiveness, to pass this bill on referendum and initiative now. While indifference would not be an appropriate term to use at this time, and surely it is not the case although we are so criticized, one must note that it is a felt necessity of our times that laws need to be proposed and adopted at the soonest possible time to spur economic development, safeguard individual rights and liberties, and share governmental power with the people.
With the legislative powers of the President gone, we alone, together with the Senators when they are minded to agree with us, are left with the burden of enacting the needed legislation.
Let me now bring our colleagues, Mr. Speaker, to the process advocated by the bill.
First, initiative and referendum, Mr. Speaker, is defined. Initiative essentially is what the term connotes. It means that the people, on their own political judgment, submit fore the consideration and voting of the general electorate a bill or a piece of legislation.
Under House Bill No. 21505, there are three kinds of initiative. One is an initiative to amend the Constitution. This can occur once every five years. Another is an initiative to amend statutes that we may have approved. Had this bill been an existing law, Mr. Speaker, it is most likely that an overwhelming majority of the barangays in the Philippines would have approved by initiative the matter of direct voting.
The third mode of initiative, Mr. Speaker, refers to a petition proposing to enact regional, provincial, city, municipal or barangay laws or ordinances. It comes from the people and it must be submitted directly to the electorate. The bill gives a definite procedure and allows the COMELEC to define rules and regulations to give teeth to the power of initiative.
On the other hand, referendum, Mr. Speaker, is the power of the people to approve or reject something that Congress has already approved.
For instance, Mr. Speaker, when we divide the municipalities or the barangays into two or three, we must first get the consent of the people affected through plebiscite or referendum.
Referendum is a mode of plebiscite, Mr. Speaker. However, referendum can also be petitioned by the people if, for instance, they do not life the bill on direct elections and it is approved subsequently by the Senate. If this bill had already become a law, then the people could petition that a referendum be conducted so that the acts of Congress can be appropriately approved or rebuffed.
The initial stage, Mr. Speaker, is what we call the petition. As envisioned in the bill, the initiative comes from the people, from registered voters of the country, by presenting a proposition so that the people can then submit a petition, which is a piece of paper that contains the proposition. The proposition in the example I have been citing is whether there should be direct elections during the barangay elections. So the petition must be filed in the appropriate agency and the proposition must be clear stated. It can be tedious but that is how an effort to have direct democracy operates.
Section 4 of the bill gives requirements, Mr. Speaker. It will not be all that easy to have referendum or initiative petitioned by the people. Under Section 4 of the committee report, we are given certain limitations. For instance, to exercise the power of initiative or referendum, at least 10 percent of the total number of registered voters, of which every legislative district is represented by at least 3 percent of the registered voters thereof, shall sign a petition. These numbers, Mr. Speaker, are not taken from the air. They are mandated by the Constitution. There must be a requirement of 10 percent for ordinary laws and 3 percent representing all districts. The same requirement is mutatis mutandis or appropriately modified and applied to the different sections. So if it is, for instance, a petition on initiative or referendum for a barangay, there is a 10 percent or a certain number required of the voters of the barangay. If it is for a district, there is also a certain number required of all towns of the district that must seek the petition. If it is for a province then again a certain percentage of the provincial electors is required. All these are based with reference to the constitutional mandate.
The conduct of the initiative and referendum shall be supervised and shall be upon the call of the Commission on Elections. However, within a period of 30 days from receipt of the petition, the COMELEC shall determine the sufficiency of the petition, publish the same and set the date of the referendum which shall not be earlier than 45 days but not later than 90 days from the determination by the commission of the sufficiency of the petition. Why is this so, Mr. Speaker? The petition must first be determined by the commission as to its sufficiency because our Constitution requires that no bill can be approved unless it contains one subject matter. It is conceivable that in the fervor of an initiative or referendum, Mr. Speaker, there may be more than two topics sought to be approved and that cannot be allowed. In fact, that is one of the prohibitions under this referendum and initiative bill. When a matter under initiative or referendum is approved by the required number of votes, Mr. Speaker, it shall become effective 15 days following the completion of its publication in the Official Gazette. Effectively then, Mr. Speaker, all the bill seeks to do is to enlarge and recognize the legislative powers of the Filipino people.
Mr. Speaker, I think this Congress, particularly this House, cannot ignore or cannot be insensitive to the call for initiative and referendum. We should have done it in 1987 but that is past. Maybe we should have done it in 1988 but that too had already passed, but it is only February 1989, Mr. Speaker, and we have enough time this year at least to respond to the need of our people to participate directly in the work of legislation.
For these reasons, Mr. Speaker, we urge and implore our colleagues to approve House Bill No. 21505 as incorporated in Committee Report No. 423 of the Committee on Suffrage and Electoral Reforms.
In closing, Mr. Speaker, I also request that the prepared text of my speech, together with the footnotes since they contain many references to statutory history and foreign jurisdiction, be reproduced as part of the Record for future purposes.
We cannot dodge the duty to give effect to this intent for the "[c]ourts have the duty to interpret the law as legislated and when possible, to honor the clear meaning of statutes as revealed by its language, purpose and history."[43]SPONSORSHIP REMARKS OF REP. ESCUDERO
MR. ESCUDERO. Thank you, Mr. Speaker.
Mr. Speaker and my dear colleagues: Events in recent years highlighted the need to heed the clamor of the people for a truly popular democracy. One recalls the impatience of those who actively participated in the parliament of the streets, some of whom are now distinguished Members of this Chamber. A substantial segment of the population feel increasingly that under the system, the people have the form but not the reality or substance of democracy because of the increasingly elitist approach of their chosen Representatives to many questions vitally affecting their lives. There have been complaints, not altogether unfounded, that many candidates easily forge their campaign promises to the people once elected to office. The 1986 Constitutional Commission deemed it wise and proper to provide for a means whereby the people can exercise the reserve power to legislate or propose amendments to the Constitution directly in case their chose Representatives fail to live up to their expectations. That reserve power known as initiative is explicitly recognized in three articles and four sections of the 1987 Constitution, namely: Article VI Section 1; the same article, Section 312; Article X, Section 3; and Article XVII, Section 2. May I request that he explicit provisions of these three articles and four sections be made part of my sponsorship speech, Mr. Speaker.
These constitutional provisions are, however, not self-executory. There is a need for an implementing law that will give meaning and substance to the process of initiative and referendum which are considered valuable adjuncts to representative democracy. It is needless to state that this bill when enacted into law will probably open the door to strong competition of the people, like pressure groups, vested interests, farmers' group, labor groups, urban dwellers, the urban poor and the like, with Congress in the field of legislation.
Such probability, however, pales in significance when we consider that through this bill we can hasten the politization of the Filipino which in turn will aid government in forming an enlightened public opinion, and hopefully produce better and more responsive and acceptable legislations.
Furthermore, Mr. Speaker, this would give the parliamentarians of the streets and cause-oriented groups an opportunity to articulate their ideas in a truly democratic forum, thus, the competition which they will offer to Congress will hopefully be a healthy one. Anyway, in an atmosphere of competition there are common interests dear to all Filipinos, and the pursuit of each side's competitive goals can still take place in an atmosphere of reason and moderation.
Mr. Speaker and my dear colleagues, when the distinguished Gentleman from Camarines Sur and this Representation filed our respective versions of the bill in 1987, we were hoping that the bill would be approved early enough so that our people could immediately use the agrarian reform bill as an initial subject matter or as a take-off point.
However, in view of the very heavy agenda of the Committee on Local Government, it took sometime before the committee could act on these. But as they say in Tagalog, huli man daw at magaling ay naihahabol din. The passage of this bill therefore, my dear colleagues, could be one of our finest hours when we can set aside our personal and political consideration for the greater good of our people. I therefore respectfully urge and plead that this bill be immediately approved.
Thank you, Mr. Speaker.
Oppositors-intervenors contend that Sections 1 and 2, Article XVII of the 1987 Constitution, only allow the use of people's initiative to amend and not to revise the Constitution. They theorize that the changes proposed by petitioners are substantial and thus constitute a revision which cannot be done through people's initiative.IV
The proposed constitutional changes, albeit substantial, are mere amendments and can be undertaken through people's initiative.
Commissioner (later Chief Justice) Hilario G. Davide, Jr., espoused the same view:[45]
MR. SUAREZ: x x x x This proposal was suggested on the theory that this matter of initiative, which came about because of the extraordinary developments this year, has to be separated from the traditional modes of amending the Constitution as embodied in Section 1. The Committee members felt that this system of initiative should not extend to the revision of the entire Constitution, so we removed it from the operation of Section 1 of the proposed Article on Amendment or Revision.x x x x x x x x x x x x MS. AQUINO. In which case, I am seriously bothered by providing this process of initiative as a separate section in the Article on Amendment. Would the sponsor be amenable to accepting an amendment in terms of realigning Section 2 as another subparagraph (c) of Section 1, instead of setting it up as another separate section as if it were a self-executing provision? MR. SUAREZ. We would be amenable except that, as we clarified a while ago, this process of initiative is limited to the matter of amendment and should not expand into a revision which contemplates a total overhaul of the Constitution. That was the sense that was conveyed by the Committee. MS. AQUINO. In other words, the Committee was attempting to distinguish the coverage of modes (a) and (b) in Section 1 to include the process of revision; whereas the process of initiation to amend, which is given to the public, would only apply to amendments? MR. SUAREZ. That is right. Those were the terms envisioned in the Committee.
Commissioner (now a distinguished Associate Justice of this Court) Adolfo S. Azcuna also clarified this point[46] -
MR. DAVIDE. x x x x We are limiting the right of the people, by initiative, to submit a proposal for amendment only, not for revision, only once every five years x x x x MR. MAAMBONG. My first question: Commissioner Davide's proposed amendment on line 1 refers to "amendment." Does it cover the word "revision" as defined by Commissioner Padilla when he made the distinction between the words "amendments" and "revision?" MR. DAVIDE. No, it does not, because "amendments" and "revision" should be covered by Section 1. So insofar as initiative is concerned, it can only relate to "amendments" not "revision."
The oppositors-intervenors then point out that by their proposals, petitioners will "change the very system of government from presidential to parliamentary, and the form of the legislature from bicameral to unicameral," among others. They allegedly seek other major revisions like the inclusion of a minimum number of inhabitants per district, a change in the period for a term of a Member of Parliament, the removal of the limits on the number of terms, the election of a Prime Minister who shall exercise the executive power, and so on and so forth.[47] In sum, oppositors-intervenors submit that "the proposed changes to the Constitution effect major changes in the political structure and system, the fundamental powers and duties of the branches of the government, the political rights of the people, and the modes by which political rights may be exercised."[48] They conclude that they are substantial amendments which cannot be done through people's initiative. In other words, they posit the thesis that only simple but not substantial amendments can be done through people's initiative.
MR. OPLE. To more closely reflect the intent of Section 2, may I suggest that we add to "Amendments" "OR REVISIONS OF" to read: "Amendments OR REVISION OF this Constitution." MR. AZCUNA. I think it was not allowed to revise the Constitution by initiative. MR. OPLE. How is that again? MR. AZCUNA. It was not our intention to allow a revision of the Constitution by initiative but merely by amendments. MR. BENGZON. Only by amendments. MR. AZCUNA. I remember that was taken on the floor. MR. RODRIGO. Yes, just amendments.
To further explain "revision," former Justice Antonio, in his concurring opinion, used an analogy - "When a house is completely demolished and another is erected on the same location, do you have a changed, repaired and altered house, or do you have a new house? Some of the material contained in the old house may be used again, some of the rooms may be constructed the same, but this does not alter the fact that you have altogether another or a new house."[67]
MR. SUAREZ: We mentioned the possible use of only one term and that is, "amendment." However, the Committee finally agreed to use the terms - "amendment" or "revision" when our attention was called by the honorable Vice-President to the substantial difference in the connotation and significance between the said terms. As a result of our research, we came up with the observations made in the famous - or notorious - Javellana doctrine, particularly the decision rendered by Honorable Justice Makasiar,[66] wherein he made the following distinction between "amendment" and "revision" of an existing Constitution: "Revision" may involve a rewriting of the whole Constitution. On the other hand, the act of amending a constitution envisages a change of specific provisions only. The intention of an act to amend is not the change of the entire Constitution, but only the improvement of specific parts or the addition of provisions deemed essential as a consequence of new conditions or the elimination of parts already considered obsolete or unresponsive to the needs of the times. The 1973 Constitution is not a mere amendment to the 1935 Constitution. It is a completely new fundamental Charter embodying new political, social and economic concepts. So, the Committee finally came up with the proposal that these two terms should be employed in the formulation of the Article governing amendments or revisions to the new Constitution.
x x x the constitution does not derive its force from the convention which framed, but from the people who ratified it, the intent to be arrived at is that of the people, and it is not to be supposed that they have looked for any dark or abstruse meaning in the words employed, but rather that they have accepted them in the sense most obvious to the common understanding, and ratified the instrument in the belief that that was the sense designed to be conveyed. These proceedings therefore are less conclusive of the proper construction of the instrument than are legislative proceedings of the proper construction of a statute; since in the latter case it is the intent of the legislature we seek, while in the former we are endeavoring to arrive at the intent of the people through the discussion and deliberations of their representatives. The history of the calling of the convention, the causes which led to it, and the discussions and issues before the people at the time of the election of the delegates, will sometimes be quite as instructive and satisfactory as anything to be gathered form the proceedings of the convention.Corollarily, a constitution is not to be interpreted on narrow or technical principles, but liberally and on broad general lines, to accomplish the object of its establishment and carry out the great principles of government - not to defeat them.[69] One of these great principles is the sovereignty of the people.
The following exchange between Commissioners Rene V. Sarmiento and Adolfo S. Azcuna is of the same import:[75]
MR. NOLLEDO. I am putting the word "democratic" because of the provisions that we are now adopting which are covering consultations with the people. For example, we have provisions on recall, initiative, the right of the people even to participate in lawmaking and other instances that recognize the validity of interference by the people through people's organizations x x x x[73] MR. OPLE. x x x x The Committee added the word "democratic" to "republican," and, therefore, the first sentence states: "The Philippines is a republican and democratic state x x x x May I know from the committee the reason for adding the word "democratic" to "republican"? The constitutional framers of the 1935 and 1973 Constitutions were content with "republican." Was this done merely for the sake of emphasis? MR. NOLLEDO. x x x x "democratic" was added because of the need to emphasize people power and the many provisions in the Constitution that we have approved related to recall, people's organizations, initiative and the like, which recognize the participation of the people in policy-making in certain circumstances x x x x MR. OPLE. I thank the Commissioner. That is a very clear answer and I think it does meet a need x x x x MR. NOLLEDO. According to Commissioner Rosario Braid, "democracy" here is understood as participatory democracy. [74] (emphasis supplied)
Consistent with the stress on direct democracy, the systems of initiative, referendum, and recall were enthroned as polestars in the 1987 Constitution. Thus, Commissioner Blas F. Ople who introduced the provision on people's initiative said:[76]
MR. SARMIENTO. When we speak of republican democratic state, are we referring to representative democracy? MR. AZCUNA. That is right. MR. SARMIENTO. So, why do we not retain the old formulation under the 1973 and 1935 Constitutions which used the words "republican state" because "republican state" would refer to a democratic state where people choose their representatives? MR. AZCUNA. We wanted to emphasize the participation of the people in government. MR. SARMIENTO. But even in the concept "republican state," we are stressing the participation of the people x x x x So the word "republican" will suffice to cover popular representation. MR. AZCUNA. Yes, the Commissioner is right. However, the committee felt that in view of the introduction of the aspects of direct democracy such as initiative, referendum or recall, it was necessary to emphasize the democratic portion of republicanism, of representative democracy as well. So, we want to add the word "democratic" to emphasize that in this new Constitution there are instances where the people would act directly, and not through their representatives. (emphasis supplied)
Commissioner Jose E. Suarez also explained the people's initiative as a safety valve, as a peaceful way for the people to change their Constitution, by citing our experiences under the Marcos government, viz:[77]
MR. OPLE. x x x x I think this is just the correct time in history when we should introduce an innovative mode of proposing amendments to the Constitution, vesting in the people and their organizations the right to formulate and propose their own amendments and revisions of the Constitution in a manner that will be binding upon the government. It is not that I believe this kind of direct action by the people for amending a constitution will be needed frequently in the future, but it is good to know that the ultimate reserves of sovereign power still rest upon the people and that in the exercise of that power, they can propose amendments or revision to the Constitution. (emphasis supplied)
Commissioner Regalado E. Maambong opined that the people's initiative could avert a revolution, viz:[78]
MR. SUAREZ. We agree to the difficulty in implementing this particular provision, but we are providing a channel for the expression of the sovereign will of the people through this initiative system. MR. BENGZON. Is Section 1, paragraphs (a) and (b), not sufficient channel for expression of the will of the people, particularly in the amendment or revision of the Constitution? MR. SUAREZ. Under normal circumstances, yes. But we know what happened during the 20 years under the Marcos administration. So, if the National Assembly, in a manner of speaking, is operating under the thumb of the Prime Minister or the President as the case may be, and the required number of votes could not be obtained, we would have to provide for a safety valve in order that the people could ventilate in a very peaceful way their desire for amendment to the Constitution. It is very possible that although the people may be pressuring the National Assembly to constitute itself as a constituent assembly or to call a constitutional convention, the members thereof would not heed the people's desire and clamor. So this is a third avenue that we are providing for the implementation of what is now popularly known as people's power. (emphasis supplied)
The end result is Section 2, Article XVII of the 1987 Constitution which expressed the right of the sovereign people to propose amendments to the Constitution by direct action or through initiative. To that extent, the delegated power of Congress to amend or revise the Constitution has to be adjusted downward. Thus, Section 1, Article VI of the 1987 Constitution has to be reminted and now provides: "The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum."
MR. MAAMBONG. x x x x the amending process of the Constitution could actually avert a revolution by providing a safety valve in bringing about changes in the Constitution through pacific means. This, in effect, operationalizes what political law authors call the "prescription of sovereignty." (emphasis supplied)
There necessarily exists, in every government, a power from which there is no appeal, and which, for that reason, may be termed supreme, absolute, and uncontrollable.I wish to reiterate that in a democratic and republican state, only the people is sovereign - - - not the elected President, not the elected Congress, not this unelected Court. Indeed, the sovereignty of the people which is indivisible cannot be reposed in any organ of government. Only its exercise may be delegated to any of them. In our case, the people delegated to Congress the exercise of the sovereign power to amend or revise the Constitution. If Congress, as delegate, can exercise this power to amend or revise the Constitution, can it be argued that the sovereign people who delegated the power has no power to substantially amend the Constitution by direct action? If the sovereign people do not have this power to make substantial amendments to the Constitution, what did it delegate to Congress? How can the people lack this fraction of a power to substantially amend the Constitution when by their sovereignty, all power emanates from them? It will take some mumbo jumbo to argue that the whole is lesser than its part. Let Sinco clinch the point:[83]
x x x x Perhaps some politician, who has not considered with sufficient accuracy our political systems, would answer that, in our governments, the supreme power was vested in the constitutions x x x x This opinion approaches a step nearer to the truth, but does not reach it. The truth is, that in our governments, the supreme, absolute, and uncontrollable power remains in the people. As our constitutions are superior to our legislatures, so the people are superior to our constitutions. Indeed the superiority, in this last instance, is much greater; for the people possess over our constitution, control in act, as well as right. (emphasis supplied)
But although possession may not be delegated, the exercise of sovereignty often is. It is delegated to the organs and agents of the state which constitute its government, for it is only through this instrumentality that the state ordinarily functions. However ample and complete this delegation may be, it is nevertheless subject to withdrawal at any time by the state. On this point Willoughby says:At the very least, the power to propose substantial amendments to the Constitution is shared with the people. We should accord the most benign treatment to the sovereign power of the people to propose substantial amendments to the Constitution especially when the proposed amendments will adversely affect the interest of some members of Congress. A contrary approach will suborn the public weal to private interest and worse, will enable Congress (the delegate) to frustrate the power of the people to determine their destiny (the principal).Thus, States may concede to colonies almost complete autonomy of government and reserve to themselves a right to control of so slight and so negative a character as to make its exercise a rare and improbable occurrence; yet so long as such right of control is recognized to exist, and the autonomy of the colonies is conceded to be founded upon a grant and continuing consent of the mother countries the sovereignty of those mother countries over them is complete and they are to be considered as possessing only administrative autonomy and not political independence.
Political questions are neatly associated with the wisdom, not the legality of a particular act. Where the vortex of the controversy refers to the legality or validity of the contested act, that matter is definitely justiciable or non-political. What is in the heels of the Court is not the wisdom of the act of the incumbent President in proposing amendments to the Constitution, but his constitutional authority to perform such act or to assume the power of a constituent assembly. Whether the amending process confers on the President that power to propose amendments is therefore a downright justiciable question. Should the contrary be found, the actuation of the President would merely be a brutum fulmen. If the Constitution provides how it may be amended, the judiciary as the interpreter of that Constitution, can declare whether the procedure followed or the authority assumed was valid or not.In the instant case, the Constitution sets in black and white the requirements for the exercise of the people's initiative to amend the Constitution. The amendments must be proposed by the people "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."[90] Compliance with these requirements is clearly a justiciable and not a political question. Be that as it may, how the issue will be resolved by the people is addressed to them and to them alone.
We cannot accept the view of the Solicitor General, in pursuing his theory of non-justiciability, that the question of the President's authority to propose amendments and the regularity of the procedure adopted for submission of the proposals to the people ultimately lie in the judgment of the latter. A clear Descartes fallacy of vicious cycle. Is it not that the people themselves, by their sovereign act, provided for the authority and procedure for the amending process when they ratified the present Constitution in 1973? Whether, therefore, that constitutional provision has been followed or not is indisputably a proper subject of inquiry, not by the people themselves - of course - who exercise no power of judicial review, but by the Supreme Court in whom the people themselves vested that power, a power which includes the competence to determine whether the constitutional norms for amendments have been observed or not. And, this inquiry must be done a priori not a posteriori, i.e., before the submission to and ratification by the people.
Oppositors-intervenors impugn the Petition for Initiative as it allegedly lacks the required number of signatures under Section 2, Article XVII of the Constitution. Said provision requires that the petition for initiative be supported by at least twelve per cent (12%) of the total number of registered voters, of which every legislative district must be represented by at least three per cent (3%) of the registered voters therein. Oppositors-intervenors contend that no proper verification of signatures was done in several legislative districts. They assert that mere verification of the names listed on the signature sheets without verifying the signatures reduces the signatures submitted for their respective legislative districts to mere scribbles on a piece of paper.VIWhether the Petition for Initiative filed before the COMELEC complied with Section 2, Article XVII of the Constitution and R.A. 6735 involves contentious issues of fact which should first be resolved by the COMELEC.
This is to CERTIFY that this office (First, Second and Third District, Davao City) HAS NOT VERIFIED the signatures of registered voters as per documents submitted in this office by the proponents of the People's Initiative. Consequently, NO ELECTION DOCUMENTS AND/OR ORDER ISSUED BY HIGHER SUPERIORS used as basis for such verification of signatures.[91]Senate Minority Leader Aquilino Pimentel, Jr., among others, further clarified that although Atty. Casquejo and Reynne Joy B. Bullecer, Acting Election Officer IV, First District, Davao City, later issued certifications stating that the Office of the City Election Officer has examined the list of individuals appearing in the signature sheets,[92] the certifications reveal that the office had verified only the names of the signatories, but not their signatures. Oppositors-intervenors submit that not only the names of the signatories should be verified, but also their signatures to ensure the identities of the persons affixing their signatures on the signature sheets.
This is to CERTIFY that this Office has examined the list of individuals as appearing in the Signature Sheets of the Registered Voters of District II, Davao City, submitted on April 7, 2006 by MR. NONATO BOLOS, Punong Barangay, Centro, Davao City for verification which consists of THIRTY THOUSAND SIX HUNDRED SIXTY-TWO (30,662) signatures.It was also shown that Atty. Casquejo had issued a clarificatory certification regarding the verification process conducted in Davao City. It reads:
Anent thereto, it appears that of the THIRTY THOUSAND SIX HUNDRED SIXTY-TWO (30,662) individuals, only TWENTY-TWO THOUSAND SIX HUNDRED SIXTY-EIGHT (22,668) individuals were found to be REGISTERED VOTERS, in the Computerized List of Voters of SECOND CONGRESSIONAL DISTRICT, DAVAO CITY.[98]
Regarding the verification of the signatures of registered voters, this Office has previously issued two (2) separate certifications for the 2nd and 3rd Districts of Davao City on April 20, 2006 and April 26, 2006, respectively, specifically relating to the voters who supported the people's initiative. It was stated therein that the names submitted, comprising 22,668 individual voters in the 2nd District and 18,469 individual voters in the 3rd District, were found [to] be registered voters of the respective districts mentioned as verified by this Office based on the Computerized List of Voters.Petitioner Aumentado also submitted a copy of the certification dated May 8, 2006 issued by Polomolok Election Officer Glory D. Rubio to support their claim that said officer had conducted a verification of signatures in said area. The certification states:
It must be clarified that the August 23, 2006 Certification was issued in error and by mistake for the reason that the signature verification has not been fully completed as of that date.
I hereby CERTIFY that this Office has examined the signatures of the voters as appearing in the signature sheets and has compared these with the signatures appearing in the book of voters and computerized list of voters x x x [99]
This is to certify further, that the total 68,359 registered voters of this municipality, as of the May 10, 2004 elections, 10,804 names with signatures were submitted for verification and out of which 10,301 were found to be legitimate voters as per official list of registered voters, which is equivalent to 15.07% of the total number of registered voters of this Municipality.[100]In addition to the lack of proper verification of the signatures in numerous legislative districts, allegations of fraud and irregularities in the collection of signatures in Makati City were cited by Senator Pimentel, among others, to wit:
(1) No notice was given to the public, for the benefit of those who may be concerned, by the Makati COMELEC Office that signature sheets have already been submitted to it for "verification." The camp of Mayor Binay was able to witness the "verification process" only because of their pro-active stance;Also, there are allegations that many of the signatories did not understand what they have signed as they were merely misled into signing the signature sheets. Opposed to these allegations are rulings that a person who affixes his signature on a document raises the presumption that the person so signing has knowledge of what the document contains. Courts have recognized that there is great value in the stability of records, so to speak, that no one should commit herself or himself to something in writing unless she or he is fully aware and cognizant of the effect it may have upon her on him.[102] In the same vein, we have held that a person is presumed to have knowledge of the contents of a document he has signed.[103] But as this Court is not a trier of facts, it cannot resolve the issue.
(2) In District 1, the proponents of charter change submitted 43,405 signatures for verification. 36,219 alleged voters' signatures (83% of the number of signatures submitted) were rejected outright. 7,186 signatures allegedly "passed" COMELEC's initial scrutiny. However, upon examination of the signature sheets by Atty. Mar-len Abigail Binay, the said 7,186 signatures could not be accounted for. Atty. Binay manually counted 2,793 signatures marked with the word "OK" and 3,443 signatures marked with a check, giving only 6,236 "apparently verified signatures." Before the COMELEC officer issued the Certification, Atty. Binay already submitted to the said office not less than 55 letters of "signature withdrawal," but no action was ever taken thereon;
(3) In District 2, 29,411 signatures were submitted for verification. 23,521 alleged voters' signatures (80% of those submitted) were rejected outright. Of the 5,890 signatures which allegedly passed the COMELEC's initial scrutiny, some more will surely fail upon closer examination;
(4) In the absence of clear, transparent, and uniform rules the COMELEC personnel did not know how to treat the objections and other observations coming from the camp of Mayor Binay. The oppositors too did not know where to go for their remedy when the COMELEC personnel merely "listened" to their objections and other observations. As mentioned earlier, the COMELEC personnel did not even know what to do with the many "letters of signature withdrawal" submitted to it;
(5) Signatures of people long dead, in prison, abroad, and other forgeries appear on the Sigaw ng Bayan Signature Sheets. There is even a 15-year old alleged signatory;
(6) There are Signature Sheets obviously signed by one person;
(7) A Calara M. Roberto and a Roberto M. Calara both allegedly signed the Signature Sheets.[101]
In denying due course to the Lambino and Aumentado petition, COMELEC relied on this Court's ruling in Santiago permanently enjoining it 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.VII
COMELEC gravely abused its discretion when it denied due course to the Lambino and Aumentado petition.
It is one thing to utter a happy phrase from a protected cluster; another to think under fire - to think for action upon which great interests depend." So said Justice Oliver Wendell Holmes, and so I am guided as I reconsider my concurrence to the holding of the majority that "R.A. No. 6735 is inadequate to cover the system of initiative on amendments to the Constitution and to have failed to provide sufficient standard for subordinate legislation" and now to interpose my dissent thereto.Justice Vitug remained steadfast in refusing to rule on the sufficiency of R.A. 6735. In fine, the final vote on whether R.A. 6735 is a sufficient law was 6-6 with one (1) justice inhibiting himself and another justice refusing to rule on the ground that the issue was not ripe for adjudication.
x x x
WHEREFORE, I vote to dismiss the Delfin petition.
I vote, however, to declare R.A. No. 6735 as adequately providing the legal basis for the exercise by the people of their right to amend the Constitution through initiative proceedings and to uphold the validity of COMELEC Resolution No. 2300 insofar as it does not sanction the filing of the initiatory petition for initiative proceedings to amend the Constitution without the required names and/or signatures of at least 12% of all the registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein. (emphasis supplied)
As it stands, of the thirteen justices who took part in the deliberations on the issue of whether the motion for reconsideration of the March 19, 1997 decision should be granted or not, only the following justices sided with Mr. Justice Davide, namely: Chief Justice Narvasa, and Justices Regalado, Romero, Bellosillo and Kapunan. Justices Melo, Puno, Mendoza, Hermosisima, Panganiban and the undersigned voted to grant the motion; while Justice Vitug "maintained his opinion that the matter was not ripe for judicial adjudication." In other words, only five, out of the other twelve justices, joined Mr. Justice Davide's June 10, 1997 ponencia finding R.A. No. 6735 unconstitutional for its failure to pass the so called "completeness and sufficiency standards" tests. The "concurrence of a majority of the members who actually took part in the deliberations" which Article VII, Section 4(2) of the Constitution requires to declare a law unconstitutional was, beyond dispute, not complied with. And even assuming, for the sake of argument, that the constitutional requirement on the concurrence of the "majority" was initially reached in the March 19, 1997 ponencia, the same is inconclusive as it was still open for review by way of a motion for reconsideration. It was only on June 10, 1997 that the constitutionality of R.A. No. 6735 was settled with finality, sans the constitutionally required "majority." The Court's declaration, therefore, is manifestly grafted with infirmity and wanting in force necessitating, in my view, the reexamination of the Court's decision in G.R. No. 127325. It behooves the Court "not to tarry any longer" nor waste this opportunity accorded by this new petition (G.R. No. 129754) to relieve the Court's pronouncement from constitutional infirmity.The jurisprudence that an equally divided Court can never set a precedent is well-settled. Thus, in the United States, an affirmance in the Federal Supreme Court upon equal division of opinion is not an authority for the determination of other cases, either in that Court or in the inferior federal courts. In Neil v. Biggers,[111] which was a habeas corpus state proceeding by a state prisoner, the U.S. Supreme Court held that its equally divided affirmance of petitioner's state court conviction was not an "actual adjudication" barring subsequent consideration by the district court on habeas corpus. In discussing the non-binding effect of an equal division ruling, the Court reviewed the history of cases explicating the disposition "affirmed by an equally divided Court:"
In this light, we review our cases explicating the disposition "affirmed by an equally divided Court." On what was apparently the first occasion of an equal division, The Antelope, 10 Wheat, 66, 6 L. Ed. 268 (1825), the Court simply affirmed on the point of division without much discussion. Id., at 126-127. Faced with a similar division during the next Term, the Court again affirmed, Chief Justice Marshall explaining that "the principles of law which have been argued, cannot be settled; but the judgment is affirmed, the court being divided in opinion upon it." Etting v. Bank of United States, 11 Wheat. 59, 78, 6 L. Ed. 419 (1826). As was later elaborated in such cases, it is the appellant or petitioner who asks the Court to overturn a lower court's decree. "If the judges are divided, the reversal cannot be had, for no order can be made. The judgment of the court below, therefore, stands in full force. It is indeed, the settled practice in such case to enter a judgment of affirmance; but this is only the most convenient mode of expressing the fact that the cause is finally disposed of in conformity with the action of the court below, and that that court can proceed to enforce its judgment. The legal effect would be the same if the appeal, or writ of error, were dismissed." Durant v. Essex Co., 7 Wall. 107, 112, 19 L. Ed. 154 (1869). Nor is an affirmance by an equally divided Court entitled to precedential weight. Ohio ex rel. Eaton v. Price, 364 U.S. 263, 264, 80 S. Ct. 1463, 1464, 4 L. Ed. 2d 1708 (1960).xxx"This doctrine established in Neil has not been overturned and has been cited with approval in a number of subsequent cases,[112] and has been applied in various state jurisdictions.
In a cause of original jurisdiction in this court a statute cannot be declared unconstitutional nor its enforcement nor operation judicially interfered with, except by the concurrence of a majority of the members of the Supreme Court sitting in the cause wherein the constitutionality of the statute is brought in question or judicial relief sought against its enforcement. Section 4 of Article 5, state Constitution.In U.S. v. Pink,[120] the Court held that the affirmance by the U.S. Supreme Court by an equally divided vote of a decision of the New York Court of Appeals that property of a New York branch of a Russian insurance company was outside the scope of the Russian Soviet government's decrees terminating existence of insurance companies in Russia and seizing their assets, while conclusive and binding upon the parties as respects the controversy in that action, did not constitute an authoritative "precedent."
Therefore in this case the concurrence of a majority of the members of this court in holding unconstitutional said chapter 15938, supra, not having been had, it follows that the statute in controversy must be allowed to stand and accordingly be permitted to be enforced as a presumptively valid act of the Legislature, and that this proceeding in quo warranto must be dismissed without prejudice. Spencer v. Hunt (Fla.) 147 So. 282. This decision is not to be regarded as a judicial precedent on the question of constitutional law involved concerning the constitutionality vel non of chapter 15938. State ex rel. Hampton v. McClung, 47 Fla. 224, 37 So. 51.
Quo warranto proceeding dismissed without prejudice by equal division of the court on question of constitutionality of statute involved.
Under the precedents of this court, and, as seems justified by reason as well as by authority, an affirmance by an equally divided court is as between the parties, a conclusive determination and adjudication of the matter adjudged; but the principles of law involved not having been agreed upon by a majority of the court sitting prevents the case from becoming an authority for the determination of other cases, either in this or in inferior courts.[123]In Perlman v. First National Bank of Chicago,[124] the Supreme Court of Illinois dismissed the appeal as it was unable to reach a decision because two judges recused themselves and the remaining members of the Court were so divided, it was impossible to secure the concurrence of four judges as is constitutionally required. The Court followed the procedure employed by the U.S. Supreme Court when the Justices of that Court are equally divided, i.e. affirm the judgment of the court that was before it for review. The affirmance is a conclusive determination and adjudication as between the parties to the immediate case, it is not authority for the determination of other cases, either in the Supreme Court or in any other court. It is not "entitled to precedential weight." The legal effect of such an affirmance is the same as if the appeal was dismissed.[125]
The following are my reasons as to why this petition must be summarily dismissed:Justice Josue N. Bellosillo adds:
First, it is barred by res judicata. No one aware of the pleadings filed here and in Santiago v. COMELEC (G.R. No. 127325, 19 March 1997) may plead ignorance of the fact that the former is substantially identical to the latter, except for the reversal of the roles played by the principal parties and inclusion of additional, yet not indispensable, parties in the present petition. But plainly, the same issues and reliefs are raised and prayed for in both cases.
The principal petitioner here is the PEOPLE'S INITIATIVE FOR REFORM, MODERNIZATION, AND ACTION (PIRMA) and spouses ALBERTO PEDROSA and CARMEN PEDROSA. PIRMA is self-described as "a non-stock, non-profit organization duly organized and existing under Philippine laws with office address at Suite 403, Fedman Suites, 199 Salcedo Street, Legaspi Village, Makati City," with "ALBERTO PEDROSA and CARMEN PEDROSA" as among its "officers." In Santiago, the PEDROSAS were made respondents as founding members of PIRMA which, as alleged in the body of the petition therein, "proposes to undertake the signature drive for a people's initiative to amend the Constitution." In Santiago then, the PEDROSAS were sued in their capacity as founding members of PIRMA.
The decision in Santiago specifically declared that PIRMA was duly represented at the hearing of the Delfin petition in the COMELEC. In short, PIRMA was intervenor-petitioner therein. Delfin alleged in his petition that he was a founding member of the Movement for People's Initiative, and under footnote no. 6 of the decision, it was noted that said movement was "[l]ater identified as the People's Initiative for Reforms, Modernization and Action, or PIRMA for brevity." In their Comment to the petition in Santiago, the PEDROSAS did not deny that they were founding members of PIRMA, and by their arguments, demonstrated beyond a shadow of a doubt that they had joined Delfin or his cause.
No amount of semantics may then shield herein petitioners PIRMA and the PEDROSAS, as well as the others joining them, from the operation of the principle of res judicata, which needs no further elaboration. (emphasis supplied)
The essential requisites of res judicata are: (1) the former judgment must be final; (2) it must have been rendered by a court having jurisdiction over the subject matter and the parties; (3) it must be a judgment on the merits; and (4) there must be between the first and second actions identity of parties, identity of subject matter, and identity of causes of action.[127]Needless to state, the dismissal of the PIRMA petition which was based on res judicata binds only PIRMA but not the petitioners.
Applying these principles in the instant case, we hold that all the elements of res judicata are present. For sure, our Decision in Santiago v. COMELEC, which was promulgated on 19 March 1997, and the motions for reconsideration thereof denied with finality on 10 June 1997, is undoubtedly final. The said Decision was rendered by this Court which had jurisdiction over the petition for prohibition under Rule 65. Our judgment therein was on the merits, i.e., rendered only after considering the evidence presented by the parties as well as their arguments in support of their respective claims and defenses. And, as between Santiago v. COMELEC case and COMELEC Special Matter No. 97-001 subject of the present petition, there is identity of parties, subject matter and causes of action.
Petitioners contend that the parties in Santiago v. COMELEC are not identical to the parties in the instant case as some of the petitioners in the latter case were not parties to the former case. However, a perusal of the records reveals that the parties in Santiago v. COMELEC included the COMELEC, Atty. Jesus S. Delfin, spouses Alberto and Carmen Pedrosa, in their capacities as founding members of PIRMA, as well as Atty. Pete Quirino-Quadra, another founding member of PIRMA, representing PIRMA, as respondents. In the instant case, Atty. Delfin was never removed, and the spouses Alberto and Carmen Pedrosa were joined by several others who were made parties to the petition. In other words, what petitioners did was to make it appear that the PIRMA Petition was filed by an entirely separate and distinct group by removing some of the parties involved in Santiago v. COMELEC and adding new parties. But as we said in Geralde v. Sabido[128]-A party may not evade the application of the rule of res judicata by simply including additional parties in the subsequent case or by not including as parties in the later case persons who were parties in the previous suit. The joining of new parties does not remove the case from the operation of the rule on res judicata if the party against whom the judgment is offered in evidence was a party in the first action; otherwise, the parties might renew the litigation by simply joining new parties.The fact that some persons or entities joined as parties in the PIRMA petition but were not parties in Santiago v. COMELEC does not affect the operation of the prior judgment against those parties to the PIRMA Petition who were likewise parties in Santiago v. COMELEC, as they are bound by such prior judgment.
ASSOCIATE JUSTICE CARPIO: | |
How many copies of the petition, that you mention(ed), did you print? | |
ATTY. LAMBINO: | |
We printed 100 thousand of this petition last February and we distributed to the different organizations that were volunteering to support us. | |
ASSOCIATE JUSTICE CARPIO: | |
So, you are sure that you personally can say to us that 100 thousand of these were printed? | |
ATTY. LAMBINO: | |
It could be more than that, Your Honor. | |
x x x x x x x x x x x x | |
ASSOCIATE JUSTICE CARPIO: | |
But you asked your friends or your associates to re-print, if they can(?) | |
ATTY. LAMBINO: | |
Yes, Your Honor. | |
ASSOCIATE JUSTICE CARPIO: | |
Okay, so you got 6.3 Million signatures, but you only printed 100 thousand. So you're saying, how many did your friends print of the petition? | |
ATTY. LAMBINO: | |
I can no longer give a specific answer to that, Your Honor. I relied only to the assurances of the people who are volunteering that they are going to reproduce the signature sheets as well as the draft petition that we have given them, Your Honor. | |
x x x x x x x x x x x x | |
ASSOCIATE JUSTICE CARPIO: | |
Did you also show this amended petition to the people? | |
ATTY. LAMBINO: | |
Your Honor, the amended petition reflects the copy of the original petition that we circulated, because in the original petition that we filed before the COMELEC, we omitted a certain paragraph that is, Section 4 paragraph 3 which were part of the original petition that we circulated and so we have to correct that oversight because that is what we have circulated to the people and we have to correct that... | |
ASSOCIATE JUSTICE CARPIO: | |
But you just stated now that what you circulated was the petition of August 25, now you are changing your mind, you're saying what you circulated was the petition of August 30, is that correct? | |
ATTY. LAMBINO: | |
In effect, yes, Your Honor. | |
ASSOCIATE JUSTICE CARPIO: | |
So, you circulated the petition of August 30, but what you filed in the COMELEC on August 25 was a different petition, that's why you have to amend it? | |
ATTY. LAMBINO: | |
We have to amend it, because there was an oversight, Your Honor, that we have omitted one very important paragraph in Section 4 of our proposition. | |
x x x x x x x x x x x x | |
ASSOCIATE JUSTICE CARPIO: | |
Okay, let's be clear. What did you circulate when you gathered the signatures, the August 25 which you said you circulated or the August 30? | |
ATTY. LAMBINO: | |
Both the August 25 petition that included all the provisions, Your Honor, and as amended on August 30. Because we have to include the one that we have inadvertently omitted in the August 25 petition, Your Honor. | |
x x x x x x x x x x x x | |
ASSOCIATE JUSTICE CARPIO: | |
And (you cannot tell that) you can only say for certain that you printed 100 thousand copies? | |
ATTY. LAMBINO: | |
That was the original printed matter that we have circulated by the month of February, Your Honor, until some parts of March, Your Honor. | |
ASSOCIATE JUSTICE CARPIO: | |
That is all you can assure us? | |
ATTY. LAMBINO: | |
That is all I can assure you, Your Honor, except that I have asked some friends, like for example (like) Mr. Liberato Laos to help me print out some more of this petition... (TSN, September 26, 2006, pp. 7-17) |
"Our distinguished colleague, Mr. Justice Hilario G. Davide Jr., writing for the majority, holds that:Taken Together and Interpreted Properly,`(1) The Comelec acted without jurisdiction or with grave abuse of discretion in entertaining the `initiatory' Delfin Petition."I concur with the first item above. Until and unless an initiatory petition can show the required number of signatures -- in this case, 12% of all the registered voters in the Philippines with at least 3% in every legislative district -- no public funds may be spent and no government resources may be used in an initiative to amend the Constitution. Verily, the Comelec cannot even entertain any petition absent such signatures. However, I dissent most respectfully from the majority's two other rulings. Let me explain.
`(2) While the Constitution allows amendments to `be directly proposed by the people through initiative,' there is no implementing law for the purpose. RA 6735 is `incomplete, inadequate, or wanting in essential terms and conditions insofar as initiative on amendments to the Constitution is concerned.'
`(3) Comelec Resolution No. 2300, `insofar as it prescribes rules and regulations on the conduct of initiative on amendments to the Constitution, is void.'
"Under the above restrictive holdings espoused by the Court's majority, the Constitution cannot be amended at all through a people's initiative. Not by Delfin, not by PIRMA, not by anyone, not even by all the voters of the country acting together. This decision will effectively but unnecessarily curtail, nullify, abrogate and render inutile the people's right to change the basic law. At the very least, the majority holds the right hostage to congressional discretion on whether to pass a new law to implement it, when there is already one existing at present. This right to amend through initiative, it bears stressing, is guaranteed by Section 2, Article XVII of the Constitution, as follows:
`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.'
"With all due respect, I find the majority's position all too sweeping and all too extremist. It is equivalent to burning the whole house to exterminate the rats, and to killing the patient to relieve him of pain. What Citizen Delfin wants the Comelec to do we should reject. But we should not thereby preempt any future effort to exercise the right of initiative correctly and judiciously. The fact that the Delfin Petition proposes a misuse of initiative does not justify a ban against its proper use. Indeed, there is a right way to do the right thing at the right time and for the right reason.
"While R.A. 6735 may not be a perfect law, it was -- as the majority openly concedes -- intended by the legislature to cover and, I respectfully submit, it contains enough provisions to effectuate an initiative on the Constitution. I completely agree with the inspired and inspiring opinions of Mr. Justice Reynato S. Puno and Mr. Justice Ricardo J. Francisco that RA 6735, the Roco law on initiative, sufficiently implements the right of the people to initiate amendments to the Constitution. Such views, which I shall no longer repeat nor elaborate on, are thoroughly consistent with this Court's unanimous en banc rulings in Subic Bay Metropolitan Authority vs. Commission on Elections, that "provisions for initiative . . . are (to be) liberally construed to effectuate their purposes, to facilitate and not hamper the exercise by the voters of the rights granted thereby"; and in Garcia vs. Comelec, that any "effort to trivialize the effectiveness of people's initiatives ought to be rejected."Petitioner Delfin and the Pedrosa
"No law can completely and absolutely cover all administrative details. In recognition of this, R.A. 6735 wisely empowered the Commission on Election "to promulgate such rules and regulations as may be necessary to carry out the purposes of this Act." And pursuant thereto, the Comelec issued its Resolution 2300 on 16 January 1991. Such Resolution, by its very words, was promulgated "to govern the conduct of initiative on the Constitution and initiative and referendum on national and local laws," not by the incumbent Commission on Elections but by one then composed of Acting Chairperson Haydee B. Yorac, Comms. Alfredo E. Abueg, Jr., Leopoldo L. Africa, Andres R. Flores, Dario C. Rama and Magdara B. Dimaampao. All of these Commissioners who signed Resolution 2300 have retired from the Commission, and thus we cannot ascribe any vile motive unto them, other than an honest, sincere and exemplary effort to give life to a cherished right of our people.
"The majority argues that while Resolution 2300 is valid in regard to national laws and local legislations, it is void in reference to constitutional amendments. There is no basis for such differentiation. The source of and authority for the Resolution is the same law, R.A. 6735.
"I respectfully submit that taken together and interpreted properly and liberally, the Constitution (particularly Art. XVII, Sec. 2), R.A. 6735 and Comelec Resolution 2300 provide more than sufficient authority to implement, effectuate and realize our people's power to amend the Constitution.
"I am glad the majority decided to heed our plea to lift the temporary restraining order issued by this Court on 18 December 1996 insofar as it prohibited Petitioner Delfin and the Spouses Pedrosa from exercising their right of initiative. In fact, I believe that such restraining order as against private respondents should not have been issued, in the first place. While I agree that the Comelec should be stopped from using public funds and government resources to help them gather signatures, I firmly believe that this Court has no power to restrain them from exercising their right of initiative. The right to propose amendments to the Constitution is really a species of the right of free speech and free assembly. And certainly, it would be tyrannical and despotic to stop anyone from speaking freely and persuading others to conform to his/her beliefs. As the eminent Voltaire once said, `I may disagree with what you say, but I will defend to the death your right to say it.' After all, freedom is not really for the thought we agree with, but as Justice Holmes wrote, `freedom for the thought that we hate.'[3] GR No. 129754, September 23, 1997 (still unpublished in the Philippine Reports or in the Supreme Court Reports Annotated). Again, for ease of reference, I reproduce my Separate Opinion in full:Epilogue
"By way of epilogue, let me stress the guiding tenet of my Separate Opinion. Initiative, like referendum and recall, is a new and treasured feature of the Filipino constitutional system. All three are institutionalized legacies of the world-admired EDSA people power. Like elections and plebiscites, they are hallowed expressions of popular sovereignty. They are sacred democratic rights of our people to be used as their final weapons against political excesses, opportunism, inaction, oppression and misgovernance; as well as their reserved instruments to exact transparency, accountability and faithfulness from their chosen leaders. While on the one hand, their misuse and abuse must be resolutely struck down, on the other, their legitimate exercise should be carefully nurtured and zealously protected.
"WHEREFORE, I vote to GRANT the petition of Sen. Miriam D. Santiago et al. and to DIRECT Respondent Commission on Elections to DISMISS the Delfin Petition on the ground of prematurity, but not on the other grounds relied upon by the majority. I also vote to LIFT the temporary restraining order issued on 18 December 1996 insofar as it prohibits Jesus Delfin, Alberto Pedrosa and Carmen Pedrosa from exercising their right to free speech in proposing amendments to the Constitution."
"Petitioners assail the July 8, 1997 Resolution of Respondent Commission dismissing their petition for a people's initiative to amend the Constitution. Said petition before the Comelec (henceforth, PIRMA petition) was backed up by nearly six (6) million signatures constituting about 16% of the registered voters of the country with at least 3% in each legislative district. The petition now before us presents two grounds:The Right Thing
"1. In refusing to act on the PIRMA petition, the Comelec allegedly acted with grave abuse of discretion amounting to lack or excess of jurisdiction; and
"2. In declaring R.A. 6735 "inadequate to cover its system of initiative on amendments to the Constitution" and "declaring void those parts of Resolution 2300 of the Commission on Elections prescribing rules and regulations on the conduct of [an] initiative [on] amendments to the Constitution," the Supreme Court's Decision in G.R. No. 127325 entitled Miriam Defensor Santiago vs. Commission on Elections (hereafter referred to as Santiago) should be reexamined because said Decision is allegedly "unconstitutional," and because, in any event, the Supreme Court itself, in reconsidering the said issue per its June 10, 1997 Resolution, was deadlocked at six votes one each side.
"The following in my position on each of these two issues:First Issue:
No Grave Abuse of Discretion
in Comelec's Refusal to Act
"The Respondent Commission's refusal to act on the "prayers" of the PIRMA petition cannot in any wise be branded as "grave abuse of discretion." Be it remembered that the Court's Decision in Santiago permanently enjoined the Comelec "from entertaining or taking cognizance of any petition for initiative on amendments to the Constitution x x x." While concededly, petitioners in this case were not direct parties in Santiago, nonetheless the Court's injunction against the Comelec covered ANY petition, not just the Delfin petition which was the immediate subject of said case. As a dissenter in Santiago, I believed, and still do, that the majority gravely erred in rendering such a sweeping injunction, but I cannot fault the Comelec for complying with the ruling even if it, too, disagreed with said decision's ratio decidendi. Respondent Comelec was directly enjoined by the highest Court of the land. It had no choice but to obey. Its obedience cannot constitute grave abuse of discretion. Refusal to act on the PIRMA petition was the only recourse open to the Comelec. Any other mode of action would have constituted defiance of the Court and would have been struck down as grave abuse of discretion and contumacious disregard of this Court's supremacy as the final arbiter of justiciable controversies.Second Issue: "I repeat my firm legal position that RA 6735 is adequate to cover initiatives on the Constitution, and that whatever administrative details may have been omitted in said law are satisfactorily provided by Comelec Resolution 2300. The promulgation of Resolution 2300 is sanctioned by Section 2, Article IX-C of the Constitution, which vests upon the Comelec the power to "enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum and recall." The Omnibus Election Code likewise empowers the electoral body to "promulgate rules and regulations implementing the provisions of this Code or other laws which the Commission is required to enforce and administer x x x." Finally and most relevantly, Section 20 of Ra 6735 specifically authorizes Comelec "to promulgate rules and regulations as may be necessary to carry out the purposes of this Act."
Sufficiency of RA 6735
"In my dissent in Santiago, I wrote that "there is a right way to do the right thing at the right time and for the right reason." Let me explain further.
"A people's initiative is direct democracy in action. It is the right thing that citizens may avail themselves of to articulate their will. It is a new and treasured feature of the Filipino constitutional system. Even the majority implicitly conceded its value and worth in our legal firmament when it implored Congress "not to tarry any longer in complying with the constitutional mandate to provide for implementation of the right (of initiative) of the people x x x." Hence, in the en banc case of Subic Bay Metropolitan Authority vs. Comelec, [G.R. No. 125416, September 26, 1996], this Court unanimously held that "(l)ike elections, initiative and referendum are powerful and valuable modes of expressing popular sovereignty. And this Court as a matter of policy and doctrine will exert every effort to nurture, protect and promote their legitimate exercise."The Right Way
"From the outset, I have already maintained the view that "taken together and interpreted properly and liberally, the Constitution (particularly Art. XVII, Sec. 2), RA 6735 and Comelec Resolution 2300 provide more than sufficient authority to implement, effectuate and realize our people's power to amend the Constitution." Let me now demonstrate the adequacy of RA 6735 by outlining, in concrete terms, the steps to be taken - the right way - to amend the Constitution through a people's initiative.The Right Reason
"Pursuant to Section 3(f) of the law, the Comelec shall prescribe the form of the petition which shall contain the proposition and the required number of signatories. Under Sec. 5(c) thereof, the petition shall state the following:
`c.1 contents or text of the [provision or provisions] sought to be x x x amended, x x x;
c.2 the proposition [in full text];
c.3 the reason or reasons therefor [fully and clearly explained];
c.4 that it is not one of exceptions provided herein;
c.5 signatures of the petitioners or registered voters; and
c.6 an abstract or summary proposition in not more than one hundred (100) words which shall be legibly written or printed at the top of every page of the petition.'
"Section 8(f) of Comelec Resolution 2300 additionally requires that the petition include a formal designation of the duly authorized representatives of the signatories.
"Being a constitutional requirement, the number of signatures becomes a condition precedent to the filing of the petition, and is jurisdictional. Without such requisite signatures, the Commission shall motu proprio reject the petition.
"Where the initiators have substantially complied with the above requirements, they may thence file the petition with the Comelec which is tasked to determine the sufficiency thereof and to verify the signatures on the basis of the registry list of voters, voters' affidavits and voters' identification cards. In deciding whether the petition is sufficient, the Comelec shall also determine if the proposition is proper for an initiative, i.e., if it consists of an amendment, not a revision, of the Constitution. Any decision of the electoral body may be appealed to the Supreme Court within thirty (30) days from notice.
"Within thirty (30) days from receipt of the petition, and after the determination of its sufficiency, the Comelec shall publish the same in Filipino and English at least twice in newspapers of general and local circulation, and set the date of the plebiscite. The conduct of the plebiscite should not be earlier than sixty (60) days, but not later than ninety (90) days after certification by the Comelec of the sufficiency of the petition. The proposition, if approved by a majority of the votes cast in the plebiscite, becomes effective as of the day of the plebiscite.
"From the foregoing, it should be clear that my position upholding the adequacy of RA 6735 and the validity of Comelec Resolution 2300 will not ipso facto validate the PIRMA petition and automatically lead to a plebiscite to amend the Constitution. Far from it. Among others, PIRMA must still satisfactorily hurdle the following searching issues:"I shall expound on the third question in the next section, The Right Reason. Question Nos. 1 and 2 above, while important, are basically legal in character and can be determined by argumentation and memoranda. However, Question No. 4 involves not only legal issues but gargantuan hurdles of factual determination. This to my mind is the crucible, the litmus test, of a people's petition for initiative. If herein petitioners, led by PIRMA, succeed in proving -- not just alleging -- that six million voters of this country indeed want to amend the Constitution, what power on earth can stop them? Not this Court, not the Comelec, not even the President or Congress.
- Does the proposed change - the lifting of the term limits of elective officials -- constitute a mere amendment and not a revision of the Constitution?
- Which registry of voters will be used to verify the signatures in the petition? This question is relevant considering that under RA 8189, the old registry of voters used in the 1995 national elections was voided after the barangay elections on May 12, 1997, while the new list may be used starting only in the elections of May 1998.
- Does the clamor for the proposed change in the Constitution really emanate from the people who signed the petition for initiative? Or it is the beneficiaries of term extension who are in fact orchestrating such move to advance their own political self-interest?
- Are the six million signatures genuine and verifiable? Do they really belong to qualified warm bodies comprising at least 12% of the registered voters nationwide, of which every legislative district is represented by at least 3% of the registered voters therein?
"It took only one million people to stage a peaceful revolution at EDSA, and the very rafters and foundations of the martial law society trembled, quaked and crumbled. On the other hand, PIRMA and its co-petitioners are claiming that they have gathered six million signatures. If, as claimed by many, these six million signatures are fraudulent, then let them be exposed and damned for all history in a signature-verification process conducted under our open system of legal advocacy.
"More than anything else, it is the truth that I, as a member of this Court and as a citizen of this country, would like to seek: Are these six million signatures real? By insisting on an entirely new doctrine of statutory inadequacy, the majority effectively suppressed the quest for that truth.
"As mentioned, the third question that must be answered, even if the adequacy of RA 6735 and the validity of Comelec Resolution 2300 were upheld by the majority is: Does the clamor for the proposed change to the Constitution really emanate from the people who signed the petition for initiative? Or is it the beneficiaries of term extension who are in fact orchestrating such move to advance their own political self-interests? In other words, is PIRMA's exercise of the right to initiative being done in accordance with our Constitution and our laws? Is such attempted exercise legitimate?The Right Time
"In Garcia vs. Commission on Elections, we described initiative, along with referendum, as the 'ultimate weapon of the people to negate government malfeasance and misfeasance.' In Subic Bay, we specified that 'initiative is entirely the work of the electorate x x x a process of lawmaking by the people themselves without the participation and against the wishes of their elected representatives.' As ponente of Subic Bay I stand foursquare on this principle: The right to amend through initiative belongs only to the people - not to the government and its minions.This principle finds clear support from utterances of many constitutional commissioners like those quoted below:
"[Initiative is] a reserve power of the sovereign people, when they are dissatisfied with the National Assembly x x x [and] precisely a fallback position of the people in the event that they are dissatisfied." -- Commissioner Ople
"[Initiative is] a check on a legislative that is not responsive [and resorted to] only if the legislature is not as responsive to the vital and urgent needs of people." -- Commissioner Gascon
"[Initiative is an] extraordinary power given to the people [and] reserved for the people [which] should not be frivolously resorted to." -- Commissioner Romulo
"Indeed, if the powers-that-be desire to amend the Constitution, or even to revise it, our Charter itself provides them other ways of doing so, namely, by calling a constitutional convention or constituting Congress into a constituent assembly. These are officialdom's weapons. But initiative belongs to the people.
"In the present case, are PIRMA and its co-petitioners legitimate people's organizations or are they merely fronts for incumbents who want to extend their terms? This is a factual question which, unfortunately, cannot be judicially answered anymore, because the Supreme Court majority ruled that the law that implements it, RA 6735, is inadequate or insufficient insofar as initiatives to the Constitutions are concerned. With such ruling, the majority effectively abrogated a constitutional right of our people. That is why in my Separate Opinion in Santiago, I exclaimed that such precipitate action "is equivalent to burning the whole house to exterminate the rats, and to killing the patient to relieve him of pain." I firmly maintain that to defeat PIRMA's effort, there is no need to "burn" the constitutional right to initiative. If PIRMA's exercise is not "legitimate," it can be exposed as such in the ways I have discussed - short of abrogating the right itself. On the other hand, if PIRMA's position is proven to be legitimate - if it hurdles the four issues I outlined earlier - by all means, we should allow and encourage it. But the majority's theory of statutory inadequacy has pre-empted - unnecessarily and invalidly, in my view - any judicial determination of such legitimacy or illegitimacy. It has silenced the quest for truth into the interstices of the PIRMA petition.
"The Constitution itself sets a time limitation on when changes thereto may be proposed. Section 2 of Article XVII precludes amendments "within five years following [its] ratification x x x nor oftener than once every five years thereafter." Since its ratification, the 1987 Constitution has never been amended. Hence, the five-year prohibition is now inoperative and amendments may theoretically be proposed at any time.[4] Republic v. COCOFED, 423 Phil. 735, December 14, 2001.
"Be that as it may, I believe - given the present circumstances - that there is no more time to lift term limits to enable incumbents to seek reelection in the May 11, 1998 polls. Between today and the next national elections, less than eight (8) months remain. Santiago, where the single issue of the sufficiency of RA 6735 was resolved, took this Court three (3) months, and another two (2) months to decide the motion for reconsideration. The instant case, where the same issue is also raised by the petitioners, took two months, not counting a possible motion for reconsideration. These time spans could not be abbreviated any further, because due process requires that all parties be given sufficient time to file their pleadings.
"Thus, even if the Court were to rule now in favor of the adequacy of RA 6735 - as I believe it should - and allow the Comelec to act on the PIRMA petition, such eight-month period will not be enough to tackle the four weighty issues I mentioned earlier, considering that two of them involve tedious factual questions. The Comelec's decision on any of these issues can still be elevated to this Court for review, and reconsiderations on our decisions on each of those issues may again be sought.
"Comelec's herculean task alone of verifying each of the six million signatures is enormously time-consuming, considering that any person may question the authenticity of each and every signature, initially before the election registrar, then before the Comelec on appeal and finally, before this Court in a separate proceeding. Moreover, the plebiscite itself - assuming such stage can be reached - may be scheduled only after sixty (60) but not more than ninety (90) days, from the time the Comelec and this Court, on appeal, finally declare the petition to be sufficient.
"Meanwhile, under Comelec Resolution 2946, political parties, groups organizations or coalitions may start selecting their official candidates for President, Vice President and Senators on November 27, 1997; the period for filing certificates of candidacy is from January 11 to February 9, 1998; the election period and campaign for national officials start on February 10, 1998, while the campaign period for other elective officials, on March 17, 1998. This means, by the time PIRMA's proposition is ready - if ever - for submission directly to the voters at large, it will have been overcome by the elections. Time will simply run out on PIRMA, if the intention is to lift term limits in time for the 1998 elections.
"That term limits may no longer be lifted prior to the 1998 elections via a people's initiative does not detract one whit from (1) my firm conviction that RA 6735 is sufficient and adequate to implement this constitutional right and, more important, (2) my faith in the power of the people to initiate changes in local and national laws and the Constitution. In fact, I think the Court can deliberate on these two items even more serenely and wisely now that the debates will be free from the din and distraction of the 1998 elections. After all, jurisprudence is not merely for the here and now but, more so, for the hereafter and the morrow. Let me therefore stress, by way of epilogue, my unbending credo in favor of our people's right to initiative.
Epilogue
"I believe in democracy - in our people's natural right to determine our own destiny.
"I believe in the process of initiative as a democratic method of enabling our people to express their will and chart their history. Initiative is an alternative to bloody revolution, internal chaos and civil strife. It is an inherent right of the people - as basic as the right to elect, the right to self-determination and the right to individual liberties. I believe that Filipinos have the ability and the capacity to rise above themselves, to use this right of initiative wisely and maturely, and to choose what is best for themselves and their posterity.
"Such beliefs, however, should not be equated with a desire to perpetuate a particular official or group of officials in power. Far from it. Such perpetuation is anathema to democracy. My firm conviction that there is an adequate law implementing the constitutional right of initiative does not ipso facto result in the victory of the PIRMA petition or of any proposed constitutional change. There are, after all, sufficient safeguards to guarantee the proper use of such constitutional right and to forestall its misuse and abuse. First, initiative cannot be used to revise the Constitution, only to amend it. Second, the petitioners' signatures must be validated against an existing list of voters and/or voters' identification cards. Third, initiative is a reverse power of and by the people, not of incumbent officials and their machinators. Fourth and most important of all, the signatures must be verified as real and genuine; not concocted, fictitious or fabricated. The only legal way to do this is to enable the Commission on Elections to conduct a nationwide verification process as mandated by the Constitution and the law. Such verification, it bears stressing, is subject to review by this Court.
"There were, by the most generous estimate, only a million people who gathered at EDSA in 1986, and yet they changed the history of our country. PIRMA claims six times that number, not just from the National Capital Region but from all over the country. Is this claim through the invention of its novel theory of statutory insufficiency, the Court's majority has stifled the only legal method of determining whether PIRMA is real or not, whether there is indeed a popular clamor to lift term limits of elected officials, and whether six million voters want to initiate amendments to their most basic law. In suppressing a judicial answer to such questions, the Court may have unwittingly yielded to PIRMA the benefit of the legal presumption of legality and regularity. In its misplaced zeal to exterminate the rats, it burned down the whole house. It unceremoniously divested the people of a basic constitutional right.
"In the ultimate, the mission of the judiciary is to discover truth and to make it prevail. This mission is undertaken not only to resolve the vagaries of present events but also to build the pathways of tomorrow. The sum total of the entire process of adversarial litigation is the verity of facts and the application of law thereto. By the majority cop-out in this mission of discovery, our country and our people have been deprived not only of a basic constitutional right, as earlier noted, but also of the judicial opportunity to verify the truth."
"SEC. 1. Any amendment to, or revision of, this Constitution may be proposed by:[10] Republic Act 6735, Sec. 10, provides:"SEC. 2. Amendments to this Constitution may likewise be directly proposed by the people though 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.
(1) The Congress, upon the vote of three-fourths of all its Members; or (2) A constitutional convention.
"SEC. 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention.
"SEC. 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision.
"Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the petition."
"SEC. 10. Prohibited Measures. - The following cannot be the subject of an initiative or referendum petition:[11] The principle of separation of powers operates at the core of a presidential form of government. Thus, legislative power is given to the legislature; executive power, to a separate executive (from whose prominent position in the system, the presidential nomenclature is derived); and judicial power, to an independent judiciary. This system embodies interdependence by separation.
(a) No petition embracing more than one subject shall be submitted to the electorate; and
(b) Statutes involving emergency measures, the enactment of which are specifically vested in Congress by the Constitution, cannot be subject to referendum until ninety (90) days after its effectivity."
MR. RODRIGO. Section 2 of the complete committee report provides: "upon petition of at least 10 percent of the registered voters." How will we determine that 10 percent has been achieved? How will the voters manifest their desire, is it by signature?It may thus be logically assumed that even without Section 5(c) of R.A. 6735, the full text of the proposed changes must necessarily be stated in or attached to the initiative petition. The signatories to the petition must be given an opportunity to fully comprehend the meaning and effect of the proposed changes to enable them to make a free, intelligent and well-informed choice on the matter.
MR. SUAREZ. Yes, by signatures.
MR. RODRIGO. Let us look at the mechanics. Let us say some voters want to propose a constitutional amendment. Is the draft of the proposed constitutional amendment ready to be shown to the people when they are asked to sign?
MR. SUAREZ. That can be reasonably assumed, Madam President.
MR. RODRIGO: What does the sponsor mean? The draft is ready and shown to them before they sign. Now, who prepares the draft?
MR. SUAREZ: The people themselves, Madam President.[4]
SEC. 10. Prohibited Measures.-- The following cannot be the subject of an initiative or referendum petition:The one subject rule, as relating to an initiative to amend the Constitution, has the same object and purpose as the one subject-one bill rule embodied in Article VI, Section 26(1)[6] of the Constitution.[7] To elaborate, the one subject-one bill rule was designed to do away with the practice of inserting two or more unrelated provisions in one bill, so that those favoring one provision would be compelled to adopt the others. By this process of log-rolling, the adoption of both provisions could be accomplished and ensured, when neither, if standing alone, could succeed on its own merits.
(a) No petition embracing more than one subject shall be submitted to the electorate; x x x
"Strictly speaking, the act of revising a constitution involves alterations of different portions of the entire document. It may result in the rewriting either of the whole constitution, or the greater portion of it, or perhaps only some of its important provisions. But whatever results the revision may produce, the factor that characterizes it as an act of revision is the original intention and plan authorized to be carried out. That intention and plan must contemplate a consideration of all the provisions of the constitution to determine which one should be altered or suppressed or whether the whole document should be replaced with an entirely new one.The foregoing traditional exposition of the difference between amendment and revision has indeed guided us throughout our constitutional history. However, the distinction between the two terms is not, to my mind, as significant in the context of our past constitutions, as it should be now under the 1987 Constitution. The reason for this is apparent. Under our past constitutions, it was Congress alone, acting either as a constituent assembly or by calling out a constitutional convention, that exercised authority to either amend or revise the Constitution through the procedures therein described. Although the distinction between the two terms was theoretically recognized under both the 1935 and 1973 Constitutions, the need to highlight the difference was not as material because it was only Congress that could effect constitutional changes by choosing between the two modalities.
The act of amending a constitution, on the other hand, envisages a change of only a few specific provisions. The intention of an act to amend is not to consider the advisability of changing the entire constitution or of considering that possibility. The intention rather is to improve specific parts of the existing constitution or to add to it provisions deemed essential on account of changed conditions or to suppress portions of it that seem obsolete, or dangerous, or misleading in their effect."[12]
". . . apart from a measure effecting widespread deletions, additions and amendments involving many constitutional articles, `even a relatively simple enactment may accomplish such far reaching changes in the nature of our basic governmental plan as to amount to a revision also...[A]n enactment which purported to vest all judicial power in the Legislature would amount to a revision without regard either to the length or complexity of the measure or the number of existing articles or sections affected by such change.'" (Underscoring supplied and citations omitted)Thus, in resolving the amendment/revision issue, the California Court examines both the quantitative and qualitative effects of a proposed measure on its constitutional scheme. Substantial changes in either respect could amount to a revision.[17]
An amendment envisages an alteration of one or a few specific and separable provisions. The guiding original intention of an 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 that are judged to be dangerous. In revision, however, the guiding original intention and plan contemplates a re-examination of the entire document, or of provisions of the document which have over-all implications for the entire document, to determine how and to what extent they should be altered.[21] (Underscoring supplied)The inclusion of a proposal to convene a constituent assembly likewise shows the intention of the proponents to effect even more far-reaching changes in our fundamental law. If the original intent were to simply shift the form of government to the parliamentary system, then there would have been no need for the calling out of a constituent assembly to propose further amendments to the Constitution. It should be noted that, once convened, a constituent assembly can do away and replace any constitutional provision which may not even have a bearing on the shift to a parliamentary system of government. The inclusion of such a proposal reveals the proponents' plan to consider all provisions of the constitution, either to determine which of its provisions should be altered or suppressed or whether the whole document should be replaced with an entirely new one.
SECTION 1. Any amendment to, or revision of, this Constitution may be proposed by:It is clear that the right of the people to directly propose changes to the Constitution is limited to amendments and does not include a revision thereof. Otherwise, it would have been unnecessary to provide for Section 2 to distinguish its scope from the rights vested in Congress under Section 1. The latter lucidly states that Congress may propose both amendments and a revision of the Constitution by either convening a constituent assembly or calling for a constitutional convention. Section 2, on the other hand, textually commits to the people the right to propose only amendments by direct action.
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 thereafter.
(1) The Congress, upon a vote of three-fourths of all its Members; or (2) A constitutional convention.
The Congress shall provide for the implementation of the exercise of this right.
x x x x
SECTION 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision.
Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission of Elections of the sufficiency of the petition. (Underscoring supplied)
". . . The differentiation required is not merely between two words; more accurately it is between two procedures and between their respective fields of application. Each procedure, if we follow elementary principles of statutory construction, must be understood to have a substantial field of application, not to be x x x a mere alternative procedure in the same field. Each of the two words, then, must be understood to denote, respectively, not only a procedure but also a field of application appropriate to its procedure. The people of this state have spoken; they made it clear when they adopted article XVIII and made amendment relatively simple but provided the formidable bulwark of a constitutional convention as a protection against improvident or hasty (or any other) revision, that they understood that there was a real difference between amendment and revision. We find nothing whatsoever in the language of the initiative amendment of 1911 (art. IV, § 1) to effect a breaking down of that difference. On the contrary, the distinction appears to be x x x scrupulously preserved by the express declaration in the amendment x x x that the power to propose and vote on "amendments to the Constitution" is reserved directly to the people in initiative proceedings, while leaving unmentioned the power and the procedure relative to constitutional revision, which revisional power and procedure, it will be remembered, had already been specifically treated in section 2 of article XVIII. Intervenors' contention--that any change less than a total one is but amendatory--would reduce to the rubble of absurdity the bulwark so carefully erected and preserved. Each situation involving the question of amendment, as contrasted with revision, of the Constitution must, we think, be resolved upon its own facts."Thus, our people too have spoken when they overwhelmingly ratified the 1987 Constitution, with the provisions on amendments and revisions under Article XVII. The voice and will of our people cannot be any clearer when they limited people's initiative to mere amendments of the fundamental law and excluded revisions in its scope. In this regard, the task of the Court is to give effect to the people's voice, as expressed unequivocally through the Constitution.
x x x Although by their constitutions the people have delegated the exercise of sovereign powers to the several departments, they have not thereby divested themselves of the sovereignty. They retain in their own hands, so far as they have thought it needful to do so, a power to control the governments they create, and the three departments are responsible to and subject to be ordered, directed, changed or abolished by them. But this control and direction must be exercised in the legitimate mode previously agreed upon. The voice of the people, acting in their sovereign capacity, can be of legal force only when expressed at the times and under the conditions which they themselves have prescribed and pointed out by the Constitution, or which, consistently with the Constitution, have been prescribed and pointed out for them by statute; and if by any portion of the people, however large, an attempt should be made to interfere with the regular working of the agencies of government at any other time or in any other mode than as allowed by existing law, either constitutional or statutory, it would be revolutionary in character, and must be resisted and repressed by the officers who, for the time being, represent legitimate government.[25] (Underscoring supplied)Consequently, there is here no case of "the spring rising above its source." Nor is it one where the people's sovereign power has been relegated to a lesser plane than that of Congress. In choosing to exercise self-limitation, there is no absence or lack of even a fraction of the sovereign power of the people since self-limitation itself is an expression of that sovereign power. The people have chosen to delegate and limit their sovereign power by virtue of the Constitution and are bound by the parameters that they themselves have ordained. Otherwise, if the people choose to defy their self-imposed constitutional restraints, we will be faced with a revolutionary situation.[26]
[8] Memorandum of petitioner Aumentado, p. 117.x x x x
D. Prohibited Subjects.
The bill provides for two kinds of measures which cannot be the subject of an initiative or referendum petition. A petition that embraces more than one subject cannot be submitted to the electorate as it would be violative of the constitutional proscription on passing bills containing more than one subject, and statutes involving emergency measures cannot be subject to referendum until 90 days after its effectivity. [JOURNAL AND RECORD OF THE HOUSE OF REPRESENTATIVES, SECOND REGULAR SESSION, Vol. 6, p. 975 (FEBRUARY 14, 1989).]
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 thereafter,The exercise was thwarted by a petition for prohibition filed with this Court by Senator Miriam Defensor Santiago, et al., entitled "Miriam Defensor Santiago, Alexander Padilla and Maria Isabel Ongpin, petitioners, v. Commission on Elections (COMELEC), Jesus Delfin, Alberto Pedrosa and Carmen Pedrosa, in their capacities as founding members of the People's Initiative for Reforms, Modernization and Action (PIRMA), respondents."[2] The case was docketed as G.R. No. 127325. On March 19, 1997, this Court rendered its Decision in favor of petitioners, holding that Republic Act No. 6735 (R.A. No. 6735), An Act Providing for a System of Initiative and Referendum and Appropriating Funds Therefor, is "incomplete, inadequate, or wanting in essential terms and conditions insofar as initiative on amendments to the Constitution is concerned." A majority of eight (8) Justices fully concurred with this ruling, while five (5) subscribed to the opposite view. One (1) opined that there is no need to rule on the adequacy of R.A. No. 6735.
The Congress shall provide for the implementation of the exercise of this right.
A. Sections 1, 2, 3, 4, 5, 6 and 7 of Article VI shall be amended to read as follows:Sigaw ng Bayan prepared signature sheets, and written on its upper right hand portion is the abstract of the proposed amendments, quoted as follows:Section 1. (1) The legislative and executive powers shall be vested in a unicameral Parliament which shall be composed of as many members as may be provided by law, to be apportioned among the provinces, representative districts, and cities in accordance with the number of their respective inhabitants, with at least three hundred thousand inhabitants per district, and on the basis of a uniform and progressive ratio. Each district shall comprise, as far as practicable, contiguous, compact and adjacent territory, and each province must have at least one member.B. Sections 1, 2, 3 and 4 of Article VII of the 1987 Constitution are hereby amended to read, as follows:
(2) Each Member of Parliament shall be a natural-born citizen of the Philippines, at least twenty-five years old on the day of the election, a resident of his district for at least one year prior thereto, and shall be elected by the qualified voters of his district for a term of five years without limitation as to the number thereof, except those under the party-list system which shall be provided for by law and whose number shall be equal to twenty per centum of the total membership coming from the parliamentary districts.Section 1. There shall be a President who shall be the Head of State. The executive power shall be exercised by a Prime Minister, with the assistance of the Cabinet. The Prime Minister shall be elected by a majority of all the Members of Parliament from among themselves. He shall be responsible to the Parliament for the program of government.C. For the purpose of insuring an orderly transition from the bicameral-Presidential to a unicameral-Parliamentary form of government, there shall be a new Article XVIII, entitled "Transitory Provisions," which shall read, as follows:Section 1. (1) The incumbent President and Vice President shall serve until the expiration of their term at noon on the thirtieth day of June 2010 and shall continue to exercise their powers under the 1987 Constitution unless impeached by a vote of two thirds of all the members of the interim parliament.
(2) In case of death, permanent disability, resignation or removal from office of the incumbent President, the incumbent Vice President shall succeed as President. In case of death, permanent disability, resignation or removal from office of both the incumbent President and Vice President, the interim Prime Minister shall assume all the powers and responsibilities of Prime Minister under Article VII as amended.
Section 2. Upon the expiration of the term of the incumbent President and Vice President, with the exception of Sections 1, 2, 3, 4, 5, 6 and 7 of Article VI of the 1987 Constitution which shall hereby be amended and Sections 18 and 24 which shall be deleted, all other Sections of Article VI are hereby retained and renumbered sequentially as Section 2, ad seriatium up to 26, unless they are inconsistent with the Parliamentary system of government, in which case, they shall be amended to conform with a unicameral parliamentary form of government; provided, however, that any and all references therein to "Congress," "Senate," "House of Representatives" and "Houses of Congress" shall be changed to read "Parliament;" that any and all references therein to "Member(s) of Congress," "Senator(s)" or "Member(s) of Parliament" and any and all references to the "President" and/or "Acting President" shall be changed to read "Prime Minister."
Section 3. Upon the expiration of the term of the incumbent President and Vice President, with the exception of Sections 1, 2, 3 and 4 of Article VII of the 1987 Constitution which are hereby be amended and Sections 7, 8, 9, 10, 11 and 12 which are hereby deleted, all other Sections of Article VII shall be retained and renumbered sequentially as Section 2, ad seriatim up to 14, unless they shall be inconsistent with Section 1 hereof, in which case they shall be deemed amended so as to conform to a unicameral Parliamentary System of government; provided, however, that any and all references therein to "Congress," "Senate," "House of Representatives" and "Houses of Congress" shall be changed to read "Parliament;" that any and all references therein to "Member(s) of Congress," "Senator(s)" or "Member(s) of the House of Representatives" shall be changed to read as "Member(s) of Parliament" and any and all references to the "President" and/or "Acting President" shall be changed to read "Prime Minister."
Section 4. (1) There shall exist, upon the ratification of these amendments, an interim Parliament which shall continue until the Members of the regular Parliament shall have been elected and shall have qualified. It shall be composed of the incumbent Members of the Senate and the House of Representatives and the incumbent Members of the Cabinet who are heads of executive departments.
(2) The incumbent Vice President shall automatically be a Member of Parliament until noon of the thirtieth day of June 2010. He shall also be a member of the cabinet and shall head a ministry. He shall initially convene the interim Parliament and shall preside over its sessions for the election of the interim Prime Minister and until the Speaker shall have been elected by a majority vote of all the members of the interim Parliament from among themselves.
(3) Senators whose term of office ends in 2010 shall be Members of Parliament until noon of the thirtieth day of June 2010.
(4) Within forty-five days from ratification of these amendments, the interim Parliament shall convene to propose amendments to, or revisions of, this Constitution consistent with the principles of local autonomy, decentralization and a strong bureaucracy.
Section 5. (1) The incumbent President, who is the Chief Executive, shall nominate, from among the members of the interim Parliament, an interim Prime Minister, who shall be elected by a majority vote of the members thereof. The interim Prime Minister shall oversee the various ministries and shall perform such powers and responsibilities as may be delegated to him by the incumbent President."
(2) The interim Parliament shall provide for the election of the members of Parliament which shall be synchronized and held simultaneously with the election of all local government officials. The duty elected Prime Minister shall continue to exercise and perform the powers, duties and responsibilities of the interim Prime Minister until the expiration of the term of the incumbent President and Vice President.
Abstract: Do you approve of the amendment of Article VI and VII of the 1987 Constitution, changing the form of government from the present bicameral-presidential to a unicameral-parliamentary system of government, in order to achieve greater efficiency, simplicity and economy in government; and providing an Article XVIII as Transitory Provisions for the orderly shift from one system to another?On August 25, 2006, Raul L. Lambino and Enrico B. Aumentado, herein petitioners, filed with the COMELEC a Petition for Initiative to Amend the Constitution.[5] Five (5) days thereafter, they filed an Amended Petition alleging that they are filing the petition in their own behalf and together with some 6.3 million registered voters who have affixed their signatures on the signature sheets attached thereto. They claimed that the signatures of registered voters appearing on the signature sheets, constituting at least twelve per cent (12%) of all registered voters in the country, wherein each legislative district is represented by at least three per cent (3%) of all the registered voters, were verified by their respective city or municipal election officers.
Sec. 4 x x xI vote to dismiss the petition of Lambino, et al. in G.R. No. 174153 and grant the petition of Mar-len Abigail Binay, et al. in G.R. No. 174299. Here, petitioners pray that the COMELEC Chairman and Commissioners be required to show why they should not be punished for contempt[7] of court for disregarding the permanent injunction issued by this Court in Santiago.
Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the petition.
x x x I cannot fault the Comelec for complying with the ruling even if it, too, disagreed with said decision's ratio decidendi. Respondent Comelec was directly enjoined by the highest Court of the land. It had no choice but to obey. Its obedience cannot constitute grave abuse of discretion. Refusal to act on the PIRMA petition was the only recourse open to the Comelec. Any other mode of action would have constituted defiance of the Court and would have been struck down as grave abuse of discretion and contumacious disregard of this Court's supremacy as the final arbiter of justiciable controversies.It need not be emphasized that in our judicial hierarchy, this Court reigns supreme. All courts, tribunals and administrative bodies exercising quasi-judicial functions are obliged to conform to its pronouncements. It has the last word on what the law is; it is the final arbiter of any justifiable controversy. In other words, there is only one Supreme Court from whose decisions all other courts should take their bearings.[10] As a warning to lower court judges who would not adhere to its rulings, this Court, in People v. Santos,[11] held:
Now, if a judge of a lower Court feels, in the fulfillment of his mission of deciding cases, that the application of a doctrine promulgated by this Superiority is against his way of reasoning, or against his conscience, he may state his opinion on the matter, but rather than disposing of the case in accordance with his personal views he must first think that it is his duty to apply the law as interpreted by the Highest Court of the Land, and that any deviation from a principle laid down by the latter would unavoidably cause, as a sequel, unnecessary inconveniences, delays and expenses to the litigants. And if despite of what is here said, a Judge still believes that he cannot follow Our rulings, then he has no other alternative than to place himself in the position that he could properly avoid the duty of having to render judgment on the case concerned (Art. 9, C.C.), and he has only one legal way to do that.Clearly, respondent COMELEC did not gravely abuse its discretion in dismissing the petition of Lambino, et al. for it merely followed this Court's ruling in Santiago.
The Court ruled, first, by a unanimous vote, that no grave abuse of discretion could be attributed to the public respondent COMELEC in dismissing the petition filed by PIRMA therein, it appearing that it only complied with the dispositions of this Court in G.R. No. 127325 promulgated on March 19, 1997, and its resolution on June 10, 1997.Indeed, I cannot characterize as a "grave abuse of discretion" the COMELEC's obedience and respect to the pronouncement of this Court in Santiago.
It will not do to decide the same question one way between one set of litigants and the opposite way between another. `If a group of cases involves the same point, the parties expect the same decision. It would be a gross injustice to decide alternate cases on opposite principles. If a case was decided against me yesterday when I was a defendant, I shall look for the same judgment today if I am plaintiff. To decide differently would raise a feeling of resentment and wrong in my breast; it would be an infringement, material and moral, of my rights." Adherence to precedent must then be the rule rather than the exception if litigants are to have faith in the even-handed administration of justice in the courts.[17]That the doctrine of stare decisis is related to justice and fairness may be appreciated by considering the observation of American philosopher William K. Frankena as to what constitutes injustice:
The paradigm case of injustice is that in which there are two similar individuals in similar circumstances and one of them is treated better or worse than the other. In this case, the cry of injustice rightly goes up against the responsible agent or group; and unless that agent or group can establish that there is some relevant dissimilarity after all between the individuals concerned and their circumstances, he or they will be guilty as charged.[18]Although the doctrine of stare decisis does not prevent re-examining and, if need be, overruling prior decisions, "It is x x x a fundamental jurisprudential policy that prior applicable precedent usually must be followed even though the case, if considered anew, might be decided differently by the current justices. This policy x x x `is based on the assumption that certainty, predictability and stability in the law are the major objectives of the legal system; i.e., that parties should be able to regulate their conduct and enter into relationships with reasonable assurance of the governing rules of law.[19] Accordingly, a party urging overruling a precedent faces a rightly onerous task, the difficulty of which is roughly proportional to a number of factors, including the age of the precedent, the nature and extent of public and private reliance on it, and its consistency or inconsistency with other related rules of law. Here, petitioners failed to discharge their task.
Section 1. Any amendment to, or revision of, this Constitution may be proposed by:At the outset, it must be underscored that initiative and referendum, as means by which the people can directly propose changes to the Constitution, were not provided for in the 1935 and 1973 Constitutions. Thus, under these two (2) Constitutions, there was no demand to draw the distinction between an amendment and a revision, both being governed by a uniform process. This is not so under our present Constitution. The distinction between an amendment and a revision becomes crucial because only amendments are allowed under the system of people's initiative. Revisions are within the exclusive domain of Congress, upon a vote of three-fourths of all its members, or of a Constitutional Convention.
(1) The Congress, upon a vote of three-fourths of all its members; or (2) A Constitutional Convention.
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 votes, of which every legislative district must be represented by at least three per centum of the registered voters therein. x x x. (Emphasis supplied)
The sponsor, Commissioner Suarez, is recognized.Considering that the initiative on the Constitution only permits amendments, it is imperative to examine whether petitioners' proposed changes partake of the nature of amendments, not revisions.
MR. SUAREZ: Thank you, Madam President. May we respectfully call the attention of the Members of the Commission that pursuant to the mandate given us last night, we submitted this afternoon a complete Committee Report No. 7 which embodies the proposed provision governing initiative. This is now covered by Section 2 of the complete committee report. With the permission of the Members, may I quote Section 2: The people may, after five years from the date of the last plebiscite held, directly propose amendments to this Constitution thru initiative upon petition of at least ten percent of the registered voters. This completes the blanks appearing in the original Committee Report No. 7. This proposal was suggested on the theory that this matter of initiative which came about because of the extraordinary developments this year, has to be separated from the traditional modes of amending the Constitution as embodied in Section 1. The committee members felt that this system of initiative should be limited to amendments to the Constitution and should not extend to the revision of the entire Constitution, so we removed it from the operation of Section 1 of the proposed Article on Amendment or Revision. xxx xxx xxx MR. MAAMBONG: Madam President, will the distinguished proponent of the amendment yield to a few questions? MR. DAVIDE: With pleasure, Madam President. MR. MAAMBONG: My first question, Commissioner Davide's proposed amendment on line I refers to "amendments." Does it not cover the word "revision" as defined by Commissioner Padilla when he made the distinction between the words "amendments" and "revision?" MR. DAVIDE: No, it does not, because "amendments" and "revision" should be covered by Section 1. So insofar as initiative is concerned, it can only relate to "amendments" not "revision" MR. MAAMBONG: Thank you.[20]
An amendment envisages an alteration of one or a few specific and separable provisions. The guiding original intention of an 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 that are judged to be dangerous. In revision however, the guiding original intention and plan contemplates a re-examination of the entire document, or of provisions of the document which have over-all implications for the document to determine how and to what extent they should be altered.[21]Obviously, both "revision" and amendment" connote change; any distinction between the two must be based upon the degree of change contemplated. In Kelly v. Laing,[22] the Supreme Court of Michigan made the following comparison of the two terms:
"Revision" and "amendment" have the common characteristics of working changes in the charter, and are sometimes used in exactly the same sense but there is an essential difference between them.Although there are some authorities which indicate that a change in a city's form of government may be accomplished by a process of "amendment," the cases which so hold seem to involve statutes which only distinguish between amendment and totally new charters.[23] However, as in Maine law, where the statute authorizing the changes distinguishes between "charter amendment" and "charter revision," it has been held that "(a) change in the form of government of a home rule city may be made only by revision of the city charter, not by its amendment."[24]
"Revision" implies a reexamination of the whole law and a redraft without obligation to maintain the form, scheme, or structure of the old. As applied to fundamental law, such as a constitution or charter, it suggests a convention to examine the whole subject and to prepare and submit a new instrument whether the desired changes from the old are few or many. Amendment implies continuance of the general plan and purpose of the law, with corrections to better accomplish its purpose. Basically, revision suggests fundamental change, while amendment is a correction of detail.
It is thus clear that that a revision of the Constitution may be accomplished only through ratification by the people of a revised constitution proposed by a convention called for that purpose x x x. Consequently, if the scope of the proposed initiative measure now before us is so broad that if such measure became law a substantial revision of our present state Constitution would be effected, then the measure may not properly be submitted to the electorate until and unless it is first agreed upon by a constitutional convention. x x x.Secondly, the shift from a bicameral to a unicameral form of government is not a mere amendment, but is in actuality a revision, as set forth in Adams v. Gunter[27]:
The proposal here to amend Section I of Article III of the 1968 Constitution to provide for a Unicameral Legislature affects not only many other provisions of the Constitution but provides for a change in the form of the legislative branch of government, which has been in existence in the United States Congress and in all of the states of the nation, except one, since the earliest days. It would be difficult to visualize a more revolutionary change. The concept of a House and a Senate is basic in the American form of government. It would not only radically change the whole pattern of the government in this state and tear apart the whole fabric of the Constitution, but would even affect the physical facilities necessary to carry on government.Thirdly, the proposed changes, on their face, signify revisions rather than amendments, especially, with the inclusion of the following "omnibus provision":
C. For the purpose of insuring an orderly transition from the bicameral-Presidential to a unicameral-Parliamnetary form of government, there shall be a new Article XVIII, entitled "Transitory Provisions" which shall read, as follows:
Section 3. Upon the expiration of the term of the incumbent President and Vice-President, with the exceptions of Section 1,2,3 and 4 of Article VII of the 1987 Constitution which are hereby amended x x x x x x and all other Sections of Article VII shall be retained and numbered sequentially as Section 2, ad seriatim up to 14, unless they shall be inconsistent with Section 1 hereof, in which case they shall be deemed amended so as to conform to a unicameral Parliamentary system of government x x x x x x .
Section 4. (1) x x xThe above provisions will necessarily result in a "ripple effect" on the other provisions of the Constitution to make them conform to the qualities of unicameral-parliamentary form of government. With one sweeping stroke, these proposed provisions automatically revise some provisions of the Constitution. In McFadden, the same practice was considered by the Court to be in the nature of substantial revision, necessitating a constitutional convention. I quote the pertinent portion of its ruling, thus:
(3) Within forty-five days from ratification of these amendments, the Interim Parliament shall convene to propose amendments to, or revisions of, this Constitution, consistent with the principles of local autonomy, decentralization and a strong bureaucracy.
There is in the measure itself, no attempt to enumerate the various and many articles and sections of our present Constitution which would be affected, replaced or repealed. It purports only to add one new article but its framers found it necessary to include the omnibus provision (subdivision (7) of section XII) that "If any section, subsection, sentence, clause or phrase of the constitution is in conflict with any of the provisions of this article, such section, subsection, sentence, clause, or phrase is to the extent of such conflict hereby repealed. x x x Consequently, if the scope of the proposed intitiative measure now before us is so broad that if such measure become law a substantial revision of our present state Constitution would be be effected, then the measure may not properly be submitted to the electorate until and unless it is first agreed upon by a constitutional convention.[28]Undoubtedly, the changes proposed by the petitioners are not mere amendments which will only affect the Articles or Sections sought to be changed. Rather, they are in the nature of revisions which will affect considerable portions of the Constitution resulting in the alteration of our form of government. The proposed changes cannot be taken in isolation since these are connected or "interlocked" with the other provisions of our Constitution. Accordingly, it has been held that: "If the changes attempted are so sweeping that it is necessary to include the provisions interlocking them, then it is plain that the plan would constitute a recasting of the whole Constitution and this, we think, it was intended to be accomplished only by a convention under Section 2 which has not yet been disturbed."[29]
But why limit initiative and referendum to simple amendments? The answer, which one can easily glean from the rather long deliberation on initiative and referendum in the 1986 Constitutional Commission, is practicality. In other words, who is to formulate the revision or how is it to be formulated? Revision, as concretely being proposed now, is nothing less than a rebuilding of the Philippine constitutional structure. Who were involved in formulating the structure? What debates ensued? What records are there for future use in interpreting the provisions which may be found to be unclear?
In a deliberative body like Congress or a Constitutional Convention, decisions are reached after much purifying debate. And while the deliberations proceed, the public has the opportunity to get involved. It is only after the work of an authorized body has been completed that it is presented to the electorate for final judgment. Careful debate is important because the electorate tends to accept what is presented to it even sight unseen.[30]
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 thereafter,On its face, Section 2 is not a self-executory provision. This means that an enabling law is imperative for its implementation. Thus, Congress enacted R.A. No. 6735 in order to breathe life into this constitutional provision. However, as previously narrated, this Court struck the law in Santiago for being incomplete, inadequate, or wanting in essential terms and conditions insofar as initiative on amendments to the Constitution is concerned.
The Congress shall provide for the implementation of the exercise of this right.
1) The text of R.A. No. 6735 is replete with references to the right of people to initiate changes to the Constitution;I regret to say that the foregoing justifications are wanting.
2) The legislative history of R.A. No. 6735 reveals the clear intent of the lawmakers to use it as instrument to implement the people's initiative; and
3) The sponsorship speeches by the authors of R.A. No. 6735 demonstrate the legislative intent to use it as instrument to implement people's initiative.
In other words, R.A. No. 6735 does not specify the procedure how initiative on the Constitution may be accomplished. This is not the enabling law contemplated by the Constitution. As pointed out by oppositor-intervenor Alternative Law Groups Inc., since the promulgation of the Decision in Santiago, various bills have been introduced in both Houses of Congress providing for a complete and adequate process for people's initiative, such as:
(a) mentions the word "Constitution" in Section 2;[32] (b) defines "initiative on the Constitution" and includes it in the enumeration of the three systems of initiative in Section 3;[33] (c) speaks of "plebiscite" as the process by which the proposition in an initiative on the Constitution may be approved or rejected by the people;[34] (d) reiterates the constitutional requirements as to the number of voters who should sign the petition;[35] and (e) provides the date for the effectivity of the approved proposition.[36]
None of the above necessary details is provided by R.A. No. 6735, thus, demonstrating its incompleteness and inadequacy.
- Names, signatures and addresses of petitioners who shall be registered voters;
- A statement of the provision of the Constitution or any part thereof sought to be amended and the proposed amendment;
- The manner of initiation - in a congressional district through a petition by any individual, group, political party or coalition with members in the congressional district;
- The language used: the petition should be printed in English and translated in the local language;
- Signature stations to be provided for;
- Provisions pertaining to the need and manner of posting, that is, after the signatures shall have been verified by the Commission, the verified signatures shall be posted for at least thirty days in the respective municipal and city halls where the signatures were obtained;
- Provisions pertaining to protests allowed any protest as to the authenticity of the signatures to be filed with the COMELEC and decided within sixty (60) days from the filing of said protest.
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 thereafter.The mandate of the above constitutional provisions is definite and categorical. For a people's initiative to prosper, the following requisites must be present:
The Congress shall provide for the implementation of the exercise of this right. (Underscoring supplied)
In this case, however, the above requisites are not present.
- It is "the people" themselves who must "directly propose" "amendments" to the Constitution;
- The proposed amendments must be contained in "a petition of at least twelve per centum of the total number of registered voters;" and
- The required minimum of 12% of the total number of registered voters "must be represented by at least three per centum of the registered voters" of "every legislative district."
None of the foregoing standards is present in the issues raised before this Court. Accordingly, the issues are justiciable. What is at stake here is the legality and not the wisdom of the act complained of.
1) there is a textually demonstrable constitutional commitment of the issue to a coordinate political department; or 2) there is a lack of judicially discoverable and manageable standards for resolving it; or 3) there is the sheer impossibility of deciding the matter without an initial policy determination of a kind clearly for non-judicial discretion; or 4) there is the sheer impossibility of the Court's undertaking an independent resolution without expressing lack of respect due the coordinate branches of government; or 5) there is an unusual need for unquestioning adherence to a political decision already made; or 6) there exists the potentiality of embarrassment arising from multifarious pronouncements by various departments on one question.
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.According to petitioners, while the above provision states that "(T)he Congress shall provide for the implementation of the exercise of this right," the provisions of Section 5(b) and (c), along with Section 7 of Republic Act (RA) 6735,[1] are sufficient enabling details for the people's exercise of the power. The said sections of RA 6735 state:
The Congress shall provide for the implementation of the exercise of this right."
Sec. 5. Requirements. - (a) To exercise the power x x xThey also alleged that the COMELEC has the authority, mandate and obligation to give due course to the petition for initiative, in compliance with the constitutional directive for the COMELEC to "enforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum and recall."[2]
(b) A petition for an initiative on the 1987 Constitution must have at least twelve per centum (12%) of the total number of registered voters as signatories, of which every legislative district must be represented by at least three per centum (3%) of the registered voters therein. Initiative on the Constitution may be exercised only after five (5) years from the ratification of the 1987 Constitution and only once every five (5) years thereafter.
(c) The petition shall state the following:
c.1. contents or text of the proposed law sought to be enacted, approved or rejected, amended or repealed, as the case may be; c.2. the proposition; c.3. the reason or reasons therefor; c.4. that it is not one of the exceptions provided herein; c.5.
signatures of the petitioners or registered voters; and c.6. an abstract or summary in not more than one hundred (100) words which shall be legibly written or printed at the top of every page of the petition.x x x x
Sec. 7. Verification of Signatures. - The Election 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.
- Finding the Petition to be sufficient pursuant to Section 4, Article XVII of the 1987 Constitution;
- Directing the publication of the Petition in Filipino and English at least twice in newspapers of general and local circulation; and
- Calling a plebiscite to be held not earlier than sixty nor later than ninety days after the Certification by this Honorable Commission of the sufficiency of this Petition, to allow the Filipino people to express their sovereign will on the proposition.
Petitioners pray for such other reliefs deemed just and equitable in the premises.
We agree with the petitioners that this Commission has the solemn Constitutional duty to enforce and administer all laws and regulations relative to the conduct of, as in this case, initiative.Aggrieved, petitioners elevated the case to this Court on a petition for certiorari and mandamus under Rule 65 of the Rules of Court.
This mandate, however, should be read in relation to the other provisions of the Constitution particularly on initiative.
Section 2, Article XVII of the 1987 Constitution 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. x x x.The aforequoted provision of the Constitution being a non-self-executory provision needed an enabling law for its implementation. Thus, in order to breathe life into the constitutional right of the people under a system of initiative to directly propose, enact, approve or reject, in whole or in part, the Constitution, laws, ordinances, or resolution, Congress enacted RA 6735.
The Congress shall provide for the implementation of the exercise of this right."
However, the Supreme Court, in the landmark case of Santiago v. Commission on Elections struck down the said law for being incomplete, inadequate, or wanting in essential terms and conditions insofar as initiative on amendments to the Constitution is concerned
The Supreme Court, likewise, declared that this Commission 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.
Thus, even if the signatures in the instant Petition appear to meet the required minimum per centum of the total number of registered voters, of which every legislative district is represented by at least three per centum of the registered voters therein, still the Petition cannot be given due course since the Supreme Court categorically declared RA 6735 as inadequate to cover the system of initiative on amendments to the Constitution.
This Commission is not unmindful of the transcendental importance of the right of the people under a system of initiative. However, neither can we turn a blind eye to the pronouncement of the High Court that in the absence of a valid enabling law, this right of the people remains nothing but an "empty right," and that this Commission is permanently enjoined from entertaining or taking cognizance of any petition for initiative on amendments to the Constitution. (Citations omitted.)
Petitioners Failed to Allege andThe Petitioners' Case
In support of their petition, petitioners alleged, inter alia, that:I.THE HONORABLE PUBLIC RESPONDENT COMELEC COMMITTED GRAVE ABUSE OF DISCRETION IN REFUSING TO TAKE COGNIZANCE OF, AND TO GIVE DUE COURSE TO THE PETITION FOR INITIATIVE, BECAUSE THE CITED SANTIAGO RULING OF 19 MARCH 1997 CANNOT BE CONSIDERED THE MAJORITY OPINION OF THE SUPREME COURT EN BANC, CONSIDERING THAT UPON ITS RECONSIDERATION AND FINAL VOTING ON 10 JUNE 1997, NO MAJORITY VOTE WAS SECURED TO DECLARE REPUBLIC ACT NO. 6735 AS INADEQUATE, INCOMPLETE AND INSUFFICIENT IN STANDARD.II.THE 1987 CONSTITUTION, REPUBLIC ACT NO. 6735, REPUBLIC ACT NO. 8189 AND EXISTING APPROPRIATION OF THE COMELEC PROVIDE FOR SUFFICIENT DETAILS AND AUTHORITY FOR THE EXERCISE OF PEOPLE'S INITIATIVE, THUS, EXISTING LAWS TAKEN TOGETHER ARE ADEQUATE AND COMPLETE.III.THE HONORABLE PUBLIC RESPONDENT COMELEC COMMITTED GRAVE ABUSE OF DISCRETION IN REFUSING TO TAKE COGNIZANCE OF, AND IN REFUSING TO GIVE DUE COURSE TO THE PETITION FOR INITIATIVE, THEREBY VIOLATING AN EXPRESS CONSTITUTIONAL MANDATE AND DISREGARDING AND CONTRAVENING THE WILL OF THE PEOPLE.A.THE SANTIAGO RULING OF 19 MARCH 1997 IS NOT APPLICABLE TO THE INSTANT PETITION FOR INITIATIVE FILED BY THE PETITIONERS.1.THE FRAMERS OF THE CONSTITUTION INTENDED TO GIVE THE PEOPLE THE POWER TO PROPOSE AMENDMENTS AND THE PEOPLE THEMSELVES ARE NOW GIVING VIBRANT LIFE TO THIS CONSTITUTIONAL PROVISION2.PRIOR TO THE QUESTIONED SANTIAGO RULING OF 19 MARCH 1997, THE RIGHT OF THE PEOPLE TO EXERCISE THE SOVEREIGN POWER OF INITIATIVE AND RECALL HAS BEEN INVARIABLY UPHELD3.THE EXERCISE OF THE INITIATIVE TO PROPOSE AMENDMENTS IS A POLITICAL QUESTION WHICH SHALL BE DETERMINED SOLELY BY THE SOVEREIGN PEOPLE.4.BY SIGNING THE SIGNATURE SHEETS ATTACHED TO THE PETITION FOR INITIATIVE DULY VERIFIED BY THE ELECTION OFFICERS, THE PEOPLE HAVE CHOSEN TO PERFORM THIS SACRED EXERCISE OF THEIR SOVEREIGN POWER.B.THE SANTIAGO RULING OF 19 MARCH 1997 IS NOT APPLICABLE TO THE INSTANT PETITION FOR INITIATIVE FILED BY THE PETITIONERSC.THE PERMANENT INJUNCTION ISSUED IN SANTIAGO V. COMELEC ONLY APPLIES TO THE DELFIN PETITION.1.IT IS THE DISPOSITIVE PORTION OF THE DECISION AND NOT OTHER STATEMENTS IN THE BODY OF THE DECISION THAT GOVERNS THE RIGHTS IN CONTROVERSY.IV.THE HONORABLE PUBLIC RESPONDENT FAILED OR NEGLECTED TO ACT OR PERFORM A DUTY MANDATED BY LAW.A.THE MINISTERIAL DUTY OF THE COMELEC IS TO SET THE INITIATIVE FOR PLEBISCITE.[3]
Sec. 1. Petition for certiorari. - When any tribunal, board or officer exercising judicial or quasi-judicial functions has acted without or in excess of its or his jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no appeal, or any plain, speedy, and adequate remedy in the ordinary course of law, a person aggrieved thereby may file a verified petition in the proper court, alleging the facts with certainty and praying that judgment be rendered annulling or modifying the proceedings of such tribunal, board or officer, and granting such incidental reliefs as law and justice may require.A writ for certiorari may issue only when the following requirements are set out in the petition and established:
The petition shall be accompanied by a certified true copy of the judgment, order or resolution subject thereof, copies of all pleadings and documents relevant and pertinent thereto, and a sworn certification of non-forum shopping as provided in the third paragraph of Section 3, Rule 46.
(1) the writ is directed against a tribunal, a board or any officer exercising judicial or quasi-judicial functions;The Court has invariably defined "grave abuse of discretion," thus:
(2) such tribunal, board or officer has acted without or in excess of jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction; and
(3) there is no appeal or any plain, speedy and adequate remedy in the ordinary course of law. x x x[4]
By grave abuse of discretion is meant such capricious and whimsical exercise of judgment as is equivalent to lack of jurisdiction, and it must be shown that the discretion was exercised arbitrarily or despotically. For certiorari to lie, there must be a capricious, arbitrary and whimsical exercise of power, the very antithesis of the judicial prerogative in accordance with centuries of both civil law and common law traditions.[5]There is thus grave abuse of discretion on the part of the COMELEC when it acts in a capricious, whimsical, arbitrary or despotic manner in the exercise of its judgment amounting to lack of jurisdiction. Mere abuse of discretion is not enough.[6] The only question involved is jurisdiction, either the lack or excess thereof, and abuse of discretion warrants the issuance of the extraordinary remedy of certiorari only when the same is grave, as when the power is exercised in an arbitrary or despotic manner by reason of passion, prejudice or personal hostility. A writ of certiorari is a remedy designed for the correction of errors of jurisdiction and not errors of judgment.[7] An error of judgment is one in which the court may commit in the exercise of its jurisdiction, which error is reversible only by an appeal.[8]
Whatever was before the Court, and is disposed of, is considered as finally settled. The inferior court is bound by the judgment or decree as the law of the case, and must carry it into execution according to the mandate. The inferior court cannot vary it, or judicially examine it for any other purpose than execution. It can give no other or further relief as to any matter decided by the Supreme Court even where there is error apparent; or in any manner intermeddle with it further than to execute the mandate and settle such matters as have been remanded, not adjudicated by the Supreme Court....At this point, it is well to recall the factual context of Santiago as well as the pronouncement made by the Court therein. Like petitioners in the instant case, in Santiago, Atty. Jesus Delfin, the People's Initiative for Reforms, Modernization and Action (PIRMA), et al., invoked Section 2, Article XVII of the Constitution as they filed with the COMELEC a "Petition to Amend the Constitution, to Lift Term Limits of Elective Officials, By People's Initiative" (the Delfin petition). They asked the COMELEC to issue an order fixing the time and date for signature gathering all over the country; causing the necessary publications of said order and their petition in newspapers of general and local circulation and instructing municipal election registrars in all regions all over the country and to assist petitioners in establishing signing stations. Acting thereon, the COMELEC issued the order prayed for.
The principles above stated are, we think, conclusively established by the authority of adjudged cases. And any further departure from them would inevitably mar the harmony of the whole judiciary system, bring its parts into conflict, and produce therein disorganization, disorder, and incalculable mischief and confusion. Besides, any rule allowing the inferior courts to disregard the adjudications of the Supreme Court, or to refuse or omit to carry them into execution would be repugnant to the principles established by the constitution, and therefore void.[14]
WHEREFORE, judgment is hereby rendered:The Court reiterated its ruling in Santiago in another petition which was filed with the Court by PIRMA and the spouses Alberto and Carmen Pedrosa (who were parties in Santiago) docketed as PIRMA v. Commission on Elections.[17] The said petitioners, undaunted by Santiago and claiming to have gathered 5,793,213 signatures, filed a petition with the COMELEC praying, inter alia, that COMELEC officers be ordered to verify all the signatures collected in behalf of the petition and, after due hearing, that it (COMELEC) declare the petition sufficient for the purpose of scheduling a plebiscite to amend the Constitution. Like the Delfin petition in Santiago, the PIRMA petition proposed to submit to the people in a plebiscite the amendment to the Constitution on the lifting of the term limits of elected officials.
The Temporary Restraining Order issued on December 18, 1996 is made permanent as against the Commission on Elections, but is LIFTED as against private respondents.[16]
a) GRANTING the instant petition; b) DECLARING RA 6735 inadequate to cover the system of initiative on amendments to the Constitution, and to have failed to provide sufficient standard for subordinate legislation; c) DECLARING void those parts of Resolution No. 2300 of the Commission on Elections prescribing rules and regulations on the conduct of initiative or amendments to the Constitution; and d) ORDERING the Commission on Elections to forthwith DISMISS the Delfin petition (UND-96-037).
The Court ruled, first, by a unanimous vote, that no grave abuse of discretion could be attributed to the public respondent COMELEC in dismissing the petition filed by PIRMA therein, it appearing that it only complied with the dispositions in the Decision of this Court in G.R. No. 127325, promulgated on March 19, 1997, and its Resolution of June 10, 1997.In the present case, the Office of the Solicitor General (OSG) takes the side of petitioners and argues that the COMELEC should not have applied the ruling in Santiago to the petition for initiative because the permanent injunction therein referred only to the Delfin petition. The OSG buttresses this argument by pointing out that the Temporary Restraining Order dated December 18, 1996 that was made permanent in the dispositive portion referred only to the Delfin petition.
The Court next considered the question of whether there was need to resolve the second issue posed by the petitioners, namely, that the Court re-examine its ruling as regards R.A. 6735. On this issue, the Chief Justice and six (6) other members of the Court, namely, Regalado, Davide, Romero, Bellosillo, Kapunan and Torres, JJ., voted that there was no need to take it up. Vitug, J., agreed that there was no need for re-examination of said second issue since the case a bar is not the proper vehicle for that purpose. Five (5) other members of the Court, namely, Melo, Puno, Francisco, Hermosisima and Panganiban, JJ., opined that there was need for such a re-examination. x x x
WHEREFORE, the petition is DISMISSED.[18] (Underscoring supplied.)
A. Sections 1, 2, 3, 4, 5, 6 and 7 of Article VI shall be amended to read as follows:Petitioners claim that the required number of signatures of registered voters have been complied with, i.e., the signatories to the petition constitute twelve percent (12%) of all the registered voters in the country, wherein each legislative district is represented by at least three percent (3%) of all the registered voters therein. Certifications allegedly executed by the respective COMELEC Election Registrars of each municipality and city verifying these signatures were attached to the petition for initiative. The verification was allegedly done on the basis of the list of registered voters contained in the official COMELEC list used in the immediately preceding election.
"Section 1. (1) The legislative and executive powers shall be vested in a unicameral Parliament which shall be composed of as many members as may be provided by law, to be apportioned among the provinces, representative districts, and cities in accordance with the number of their respective inhabitants, with at least three hundred thousand inhabitants per district, and on the basis of a uniform and progressive ratio. Each district shall comprise, as far as practicable, contiguous, compact and adjacent territory, and each province must have at least one member.
"(2) Each Member of Parliament shall be a natural-born citizen of the Philippines, at least twenty-five years old on the day of the election, a resident of his district for at least one year prior thereto, and shall be elected by the qualified voters of his district for a term of five years without limitation as to the number thereof, except those under the party-list system which shall be provided for by law and whose number shall be equal to twenty per centum of the total membership coming from the parliamentary districts."
B. Sections 1, 2, 3 and 4 of Article VII of the 1987 Constitution are hereby amended to read, as follows:
"Section 1. There shall be a President who shall be the Head of State. The executive power shall be exercised by a Prime Minister, with the assistance of the Cabinet. The Prime Minister shall be elected by a majority of all the Members of Parliament from among themselves. He shall be responsible to the Parliament for the program of government.
C. For the purpose of insuring an orderly transition from the bicameral-Presidential to a unicameral-Parliamentary form of government, there shall be a new Article XVIII, entitled "Transitory Provisions," which shall read as follows:
Section 1. (1) The incumbent President and Vice President shall serve until the expiration of their term at noon on the thirtieth day of June 2010 and shall continue to exercise their powers under the 1987 Constitution unless impeached by a vote of two thirds of all the members of the interim parliament.,
(2) In case of death, permanent disability, resignation or removal from office of the incumbent President, the incumbent Vice President shall succeed as President. In case of death, permanent disability, resignation or removal from office of both the incumbent President and Vice President, the interim Prime Minister shall assume all the powers and responsibilities of Prime Minister under Article VII as amended.
Section 2. "Upon the expiration of the term of the incumbent President and Vice President, with the exception of Sections 1, 2, 3, 4, 5, 6 and 7 of Article VI of the 1987 Constitution which shall hereby be amended and Sections 18 and 24 which shall be deleted, all other Sections of Article VI are hereby retained and renumbered sequentially as Section 2, ad seriatim up to 26, unless they are inconsistent with the Parliamentary system of government, in which case, they shall be amended to conform with a unicameral parliamentary form of government; provided, however, that any and all references therein to "Congress," "Senate," "House of Representatives" and "House of Congress," "Senator[s] or "Member[s] of the House of Representatives" and "House of Congress" shall be changed to read "Parliament"; that any and all references therein to "Member[s] of the House of Representatives" shall be changed to read as "Member[s] of Parliament" and any and all references to the "President" and or "Acting President" shall be changed to read "Prime Minister."
Section 3. "Upon the expiration of the term of the incumbent President and Vice President, with the exception of Sections 1, 2, 3 and 4 of Article VII of the 1987 Constitution which are hereby amended and Sections 7, 8, 9, 10, 11 and 12 which are hereby deleted, all other Sections of Article VII shall be retained and renumbered sequentially as Section 2, ad seriatim up to 14, unless they shall be inconsistent with Section 1 hereof, in which case they shall be deemed amended so as to conform to a unicameral Parliamentary System of government; provided, however, that any and all references therein to "Congress," "Senate," "House of Representatives" and "Houses of Congress" shall be changed to read "Parliament"; that any and all references therein to "Member[s] of Congress," "Senator[s]" or "Member[s] of the House of Parliament" and any and all references to the "President" and of "Acting President" shall be changed to read "Prime Minister."
Section 4. (1) There shall exist, upon the ratification of these amendments, an interim Parliament which shall continue until the Members of the regular Parliament shall have been elected and shall have qualified. It shall be composed of the incumbent Members of the Senate and the House of Representatives and the incumbent Members of the Cabinet who are heads of executive departments.
(2) The incumbent Vice President shall automatically be a Member of Parliament until noon of the thirtieth day of June 2010. He shall also be a member of the cabinet and shall head a ministry. He shall initially convene the interim Parliament and shall preside over its session for the election of the interim Prime Minister and until the Speaker shall have been elected by a majority vote of all the members of the interim Parliament from among themselves.
(3) Senators whose term of office ends in 2010 shall be Members of Parliament until noon of the thirtieth day of June 2010.
(4) Within forty-five days from ratification of these amendments, the interim Parliament shall convene to propose amendments to, or revisions of, this Constitution consistent with the principles of local autonomy, decentralization and a strong bureaucracy.
"Section 5. (1) The incumbent President, who is the Chief Executive, shall nominate, from among the members of the interim Parliament, an interim Prime Minister, who shall be elected by a majority vote of the members thereof. The interim Prime Minister shall oversee the various ministries and shall perform such powers and responsibilities as may be delegated to him by the incumbent President."
(2) The interim Parliament shall provide for the election of the members of Parliament, which shall be synchronized and held simultaneously with the election of all local government officials.[Thereafter, the Vice President, as Member of Parliament, shall immediately convene the Parliament and shall initially preside over its session for the purpose of electing the Prime Minister, who shall be elected by a majority vote of all its members, from among themselves.]The duly-elected Prime Minister shall continue to exercise and perform the powers, duties and responsibilities of the interim Prime Minister until the expiration of the term of the incumbent President and Vice President.[28]
DO YOU APPROVE THE AMENDMENT OF ARTICLES VI AND VII OF THE 1987 CONSTITUTION, CHANGING THE FORM OF GOVERNMENT FROM THE PRESENT BICAMERAL-PRESIDENTIAL TO A UNICAMERAL-PARLIAMENTARY SYSTEM, AND PROVIDING ARTICLE XVIII AS TRANSITORY PROVISIONS FOR THE ORDERLY SHIFT FROM ONE SYSTEM TO THE OTHER?[29]According to petitioners, the proposed amendment of Articles VI and VII would effect a more efficient, more economical and more responsive government. The parliamentary system would allegedly ensure harmony between the legislative and executive branches of government, promote greater consensus, and provide faster and more decisive governmental action.
It can be readily gleaned that the above provisions set forth different modes and procedures for proposals for the amendment and revision of the Constitution:Article XVII
SECTION 1. Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its Members; or (2) A constitutional convention.
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 thereafter.
The Congress shall provide for the implementation of the exercise of this right.
The framers of the Constitution deliberately adopted the terms "amendment" and "revision" and provided for their respective modes and procedures for effecting changes of the Constitution fully cognizant of the distinction between the two concepts. Commissioner Jose E. Suarez, the Chairman of the Committee on Amendments and Transitory Provisions, explained:
- Under Section 1, Article XVII, any amendment to, or revision of, the Constitution may be proposed by -
- Congress, upon a vote of three-fourths of all its members; or
- A constitutional convention.
- Under Section 2, Article XVII, amendments to the Constitution may be likewise directly proposed by the people through initiative.
MR. SUAREZ. One more point, and we will be through.Further, the framers of the Constitution deliberately omitted the term "revision" in Section 2, Article XVII of the Constitution because it was their intention to reserve the power to propose a revision of the Constitution to Congress or the constitutional convention. Stated in another manner, it was their manifest intent that revision thereof shall not be undertaken through the system of initiative. Instead, the revision of the Constitution shall be done either by Congress or by a constitutional convention.
We mentioned the possible use of only one term and that is, "amendment." However, the Committee finally agreed to use the terms - "amendment" or "revision" when our attention was called by the honorable Vice-President to the substantial difference in the connotation and significance between the said terms. As a result of our research, we came up with the observations made in the famous - or notorious - Javellana doctrine, particularly the decision rendered by Honorable Justice Makasiar, wherein he made the following distinction between "amendment" and "revision" of an existing Constitution: "Revision" may involve a rewriting of the whole Constitution. On the other hand, the act of amending a constitution envisages a change of specific provisions only. The intention of an act to amend is not the change of the entire Constitution, but only the improvement of specific parts or the addition of provisions deemed essential as a consequence of new conditions or the elimination of parts already considered obsolete or unresponsive to the needs of the times.
The 1973 Constitution is not a mere amendment to the 1935 Constitution. It is a completely new fundamental Charter embodying new political, social and economic concepts.
So, the Committee finally came up with the proposal that these two terms should be employed in the formulation of the Article governing amendments or revisions to the new Constitution.[30]
SEC. 1. Any amendment to, or revision of, this Constitution may be proposed:However, after deliberations and interpellations, the members of the Commission agreed to remove the provision on the system of initiative from Section 1 and, instead, put it under a separate provision, Section 2. It was explained that the removal of the provision on initiative from the other "traditional modes" of changing the Constitution was precisely to limit the former (system of initiative) to amendments to the Constitution. It was emphasized that the system of initiative should not extend to revision.
(a) by the National Assembly upon a vote of three-fourths of all its members; or (b) by a constitutional convention; or (c) directly by the people themselves thru initiative as provided for in Article __ Section __ of the Constitution.[31]
MR. SUAREZ. Thank you, Madam President.The intention to exclude "revision" of the Constitution as a mode that may be undertaken through the system of initiative was reiterated and made clear by Commissioner Suarez in response to a suggestion of Commissioner Felicitas Aquino:
May we respectfully call the attention of the Members of the Commission that pursuant to the mandate given to us last night, we submitted this afternoon a complete Committee Report No. 7 which embodies the proposed provision governing the matter of initiative. This is now covered by Section 2 of the complete committee report. With the permission of the Members, may I quote Section 2:The people may, after five years from the date of the last plebiscite held, directly propose amendments to this Constitution thru initiative upon petition of at least ten percent of the registered voters.This completes the blanks appearing in the original Committee Report No. 7. This proposal was suggested on the theory that this matter of initiative, which came about because of the extraordinary developments this year, has to be separated from the traditional modes of amending the Constitution as embodied in Section 1. The committee members felt that this system of initiative should be limited to amendments to the Constitution and should not extend to the revision of the entire Constitution, so we removed it from the operation of Section 1 of the proposed Article on Amendment or Revision. x x x[32]
MR. SUAREZ. Section 2 must be interpreted together with the provisions of Section 4, except that in Section 4, as it is presently drafted, there is no take-off date for the 60-day and 90-day periods.Then Commissioner Hilario P. Davide, Jr. (later Chief Justice) also made the clarification with respect to the observation of Commissioner Regalado Maambong:
MS. AQUINO. Yes. In other words, Section 2 is another alternative mode of proposing amendments to the Constitution which would further require the process of submitting it in a plebiscite, in which case it is not self-executing.
MR. SUAREZ. No, not unless we settle and determine the take-off period.
MS. AQUINO. In which case, I am seriously bothered by providing this process of initiative as a separate section in the Article on Amendment. Would the sponsor be amenable to accepting an amendment in terms of realigning Section 2 as another subparagraph (c) of Section 1, instead of setting it up as another separate section as if it were a self-executing provision?
MR SUAREZ. We would be amenable except that, as we clarified a while ago, this process of initiative is limited to the matter of amendment and should not expand into a revision which contemplates a total overhaul of the Constitution. That was the sense conveyed by the Committee.
MS. AQUINO. In other words, the Committee was attempting to distinguish the coverage of modes (a) and (b) in Section 1 to include the process of revision; whereas, the process of initiation to amend, which is given to the public, would only apply to amendments?
MR. SUAREZ. That is right. Those were the terms envisioned by the Committee.[33]
MR. MAAMBONG. My first question: Commissioner Davide's proposed amendment on line 1 refers to "amendments." Does it not cover the word "revision" as defined by Commissioner Padilla when he made the distinction between the words "amendments" and "revision"?After several amendments, the Commission voted in favor of the following wording of Section 2:
MR. DAVIDE. No, it does not, because "amendments" and "revision" should be covered by Section 1. So insofar as initiative is concerned, it can only relate to "amendments" not "revision."[34]
AMENDMENTS TO THIS CONSTITUTION MAY LIKEWISE BE DIRECTLY PROPOSED BY THE PEOPLE THROUGH INITIATIVE UPON A PETITION OF AT LEAST TWELVE PERCENT OF THE TOTAL NUMBER OF REGISTERED VOTERS OF WHICH EVERY LEGISLATIVE DISTRICT MUST BE REPRESENTED BY AT LEAST THREE PERCENT OF THE REGISTERED VOTERS THEREOF. 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.Sections 1 and 2, Article XVII as eventually worded read:
THE NATIONAL ASSEMBLY SHALL BY LAW PROVIDE FOR THE IMPLEMENTATION OF THE EXERCISE OF THIS RIGHT.
The final text of Article XVII on Amendments or Revisions clearly makes a substantial differentiation not only between the two terms but also between two procedures and their respective fields of application. Ineluctably, the system of initiative under Section 2, Article XVII as a mode of effecting changes in the Constitution is strictly limited to amendments - not to a revision - thereof.Article XVII
SECTION 1. Any amendment to, or revision of, this Constitution may be proposed by:
(3) The Congress, upon a vote of three-fourths of all its Members; or (4) A constitutional convention.
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.
There is clearly a distinction between revision and amendment of an existing constitution. Revision may involve a rewriting of the whole constitution. The act of amending a constitution, on the other hand, envisages a change of only specific provisions. The intention of an act to amend is not the change of the entire constitution, but only the improvement of specific parts of the existing constitution of the addition of provisions deemed essential as a consequence of new conditions or the elimination of parts already considered obsolete or unresponsive to the needs of the times. The 1973 Constitution is not a mere amendment to the 1935 Constitution. It is a completely new fundamental charter embodying new political, social and economic concepts.[36]Other elucidation on the distinction between "amendment" and "revision" is enlightening. For example, Dean Vicente G. Sinco, an eminent authority on political law, distinguished the two terms in this manner:
Strictly speaking, the act of revising a constitution involves alterations of different portions of the entire document. It may result in the rewriting either of the whole constitution, or the greater portion of it, or perhaps only some of its important provisions. But whatever results the revisions may produce, the factor that characterizes it as an act of revision is the original intention and plan authorized to be carried out. That intention and plan must contemplate a consideration of all the provisions of the constitution to determine which one should be altered or suppressed or whether the whole document should be replaced with an entirely new one.In the United States, the Supreme Court of Georgia in Wheeler v. Board of Trustees[38] had the occasion to make the distinction between the two terms with respect to Ga.L. 1945, an instrument which "amended" the 1877 Constitution of Georgia. It explained the term "amendment:"
The act of amending a constitution, on the other hand, envisages a change of only a few specific provisions. The intention of an act to amend is not to consider the advisability of changing the entire constitution or of considering that possibility. The intention rather is to improve the specific parts of the existing constitution or to add to it provisions deemed essential on account of changed conditions or to suppress portions of it that seemed obsolete, or dangerous, or misleading in their effect.[37]
"Amendment" of a statute implies its survival and not destruction. It repeals or changes some provision, or adds something thereto. A law is amended when it is in whole or in part permitted to remain, and something is added to or taken from it, or it is in some way changed or altered to make it more complete or perfect, or to fit it the better to accomplish the object or purpose for which it was made, or some other object or purpose.[39]On the other hand, the term "revision" was explained by the said US appellate court:
x x x When a house is completely demolished and another is erected on the same location, do you have a changed, repaired and altered house, or do you have a new house? Some of the materials contained in the old house may be used again, some of the rooms may be constructed the same, but this does not alter the fact that you have altogether another or a new house. We conclude that the instrument as contained in Ga.L. 1945, pp. 8 to 89, inclusive, is not an amendment to the constitution of 1877; but on the contrary it is a completely revised or new constitution.[40]Fairly recently, Fr. Joaquin Bernas, SJ, a member of the Constitutional Commission, expounded on the distinction between the two terms thus:
An amendment envisages an alteration of one or a few specific and separable provisions. The guiding original intention of an 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 that are judged to be dangerous. In revision, however, the guiding original intention and plan contemplate a re-examination of the entire document - or of provisions of the document (which have overall implications for the entire document or for the fundamental philosophical underpinnings of the document) - to determine how and to what extent it should be altered. Thus, for instance, a switch from the presidential system to a parliamentary system would be a revision because of its overall impact on the entire constitutional structure. So would a switch from a bicameral system to a unicameral system because of its effect on other important provisions of the Constitution.Given that revision necessarily entails a more complex, substantial and far-reaching effects on the Constitution, the framers thereof wisely withheld the said mode from the system of initiative. It should be recalled that it took the framers of the present Constitution four months from June 2, 1986 until October 15, 1986 to come up with the draft Constitution which, as described by the venerable Justice Cecilia Muñoz Palma, the President of the Constitutional Commission of 1986, "gradually and painstakingly took shape through the crucible of sustained sometimes passionate and often exhilarating debates that intersected all dimensions of the national life."[42]
It is thus clear that what distinguishes revision from amendment is not the quantum of change in the document. Rather, it is the fundamental qualitative alteration that effects revision. Hence, I must reject the puerile argument that the use of the plural form of "amendments" means that a revision can be achieved by the introduction of a multiplicity of amendments![41]
- | Section 2 on power of Congress to define, prescribe and apportion the jurisdiction of various courts; |
- | Section 7 on the power of Congress to prescribe the qualifications of judges of lower courts; |
- | Section 8 on the composition of Judicial Bar Council (JBC) which includes representatives of Congress as ex officio members and on the power of the President to appoint the regular members of the JBC; |
- | Section 9 on the power of the President to appoint the members of the Supreme Court and judges of lower courts; |
- | Section 16 on duty of Supreme Court to make annual report to the President and Congress. |
- | (B) Section 3 on duty of Civil Service Commission to make annual report to the President and Congress; |
- | (B) Section 5 on power of Congress to provide by law for the standardization of compensation of government officials; |
- | (B) Section 8 which provides in part that "no public officer shall accept, without the consent of Congress, any present, emolument, etc. x x x" |
- | (C) Section 1 on the power of the President to appoint the Chairman and Commissioners of the Commission on Elections with the consent of the Commission on Appointments; |
- | (C) Section 2 (7) on the power of the COMELEC to recommend to Congress measures to minimize election spending x x x; |
- | (C) Section 2 (8) on the duty of the COMELEC to recommend to the President the removal of any officer or employee it has deputized, or the imposition of any other disciplinary action x x x; |
- | (C) Section 2 (9) on the duty of the COMELEC to submit to the President and Congress a report on the conduct of election, plebiscite, etc.; |
- | (C) Section 5 on the power of the President, with the favorable recommendation of the COMELEC, to grant pardon, amnesty, parole, or suspension of sentence for violation of election laws, rules and regulations; |
- | (C) Section 7 which recognizes as valid votes cast in favor of organization registered under party-list system; |
- | (C) Section 8 on political parties, organizations or coalitions under the party-list system; |
- | (D) Section 1 (2) on the power of the President to appoint the Chairman and Commissioners of the Commission on Audit (COA) with the consent of the Commission of Appointments; |
- | Section 4 on duty of the COA to make annual report to the President and Congress. |
- | Section 3 on the power of Congress to enact a local government code; |
- | Section 4 on the power of the President to exercise general supervision over local government units (LGUs); |
- | Section 5 on the power of LGUs to create their own sources of income x x x, subject to such guidelines as Congress may provide; |
- | Section 11 on the power of Congress to create special metropolitan political subdivisions; |
- | Section 14 on the power of the President to provide for regional development councils x x x; |
- | Section 16 on the power of the President to exercise general supervision over autonomous regions; |
- | Section 18 on the power of Congress to enact organic act for each autonomous region as well as the power of the President to appoint the representatives to the regional consultative commission; |
- | Section 19 on the duty of the first Congress elected under the Constitution to pass the organic act for autonomous regions in Muslim Mindanao and the Cordilleras. |
- | Section 2 on the impeachable officers (President, Vice-President, etc.); |
- | Section 3 on impeachment proceedings (exclusive power of the House to initiate complaint and sole power of the Senate to try and decide impeachment cases); |
- | Section 9 on the power of the President to appoint the Ombudsman and his deputies; |
- | Section 16 which provides in part that "x x x no loans or guaranty shall be granted to the President, Vice-President, etc. |
- | Section 17 on mandatory disclosure of assets and liabilities by public officials including the President, Vice-President, etc. |
- | Section 2 on the power of Congress to allow, by law, small-scale utilization of natural resources and power of the President to enter into agreements with foreign-owned corporations and duty to notify Congress of every contract; |
- | Section 3 on the power of Congress to determine size of lands of public domain; |
- | Section 4 on the power of Congress to determine specific limits of forest lands; |
- | Section 5 on the power of Congress to provide for applicability of customary laws; |
- | Section 9 on the power of Congress to establish an independent economic and planning agency to be headed by the President; |
- | Section 10 on the power of Congress to reserve to Filipino citizens or domestic corporations(at least 60% Filipino-owned) certain areas of investment; |
- | Section 11 on the sole power of Congress to grant franchise for public utilities; |
- | Section 15 on the power of Congress to create an agency to promote viability of cooperatives; |
- | Section 16 which provides that Congress shall not, except by general law, form private corporations; |
- | Section 17 on the salaries of the President, Vice-President, etc. and the power of Congress to adjust the same; |
- | Section 20 on the power of Congress to establish central monetary authority. |
- | Section 1 on the mandate of Congress to give highest priority to enactment of measures that protect and enhance the right of people x x x |
- | Section 4 on the power of Congress to prescribe retention limits in agrarian reform; |
- | Section 18 (6) on the duty of the Commission on Human Rights to recommend to Congress effective measures to promote human rights; |
- | Section 19 on the power of Congress to provide for other cases to fall within the jurisdiction of the Commission on Human Rights. |
- | Section 4 on the power of Congress to increase Filipino equity participation in educational institutions; |
- | Section 6 which provides that subject to law and as Congress may provide, the Government shall sustain the use of Filipino as medium of official communication; |
- | Section 9 on the power of Congress to establish a national language commission; |
- | Section 11 on the power of Congress to provide for incentives to promote scientific research. |
- | Section 2 on the power of Congress to adopt new name for the country, new national anthem, etc.; |
- | Section 5 (7) on the tour of duty of the Chief of Staff which may be extended by the President in times of war or national emergency declared by Congress; |
- | Section 11 on the power of Congress to regulate or prohibit monopolies in mass media; |
- | Section 12 on the power of Congress to create consultative body to advise the President on indigenous cultural communities. |
- | Section 1 on the amendment or revision of Constitution by Congress; |
- | Section 2 on the duty of Congress to provide for the implementation of the system of initiative; |
- | Section 3 on the power of Congress to call constitutional convention to amend or revise the Constitution. |
Strictly speaking, the act of revising a constitution involves alterations of different portions of the entire document. It may result in the rewriting either of the whole constitution, or the greater portion of it, or perhaps only some of its important provisions. But whatever results the revisions may produce, the factor that characterizes it as an act of revision is the original intention and plan authorized to be carried out. That intention and plan must contemplate a consideration of all the provisions of the constitution to determine which one should be altered or suppressed or whether the whole document should be replaced with an entirely new one.A change in the form of government from bicameral-presidential to unicameral-parliamentary, following the above distinction, entails a revision of the Constitution as it will involve "alteration of different portions of the entire document" and "may result in the rewriting of the whole constitution, or the greater portion of it, or perhaps only some of its important provisions."
The act of amending a constitution, on the other hand, envisages a change of only a few specific provisions. The intention of an act to amend is not to consider the advisability of changing the entire constitution or of considering that possibility. The intention rather is to improve the specific parts of the existing constitution or to add to it provisions deemed essential on account of changed conditions or to suppress portions of it that seemed obsolete, or dangerous, or misleading in their effect.[53]
Section 7 thereof requires that the signatures be verified in this wise:
- Contents or text of the proposed law sought to be enacted, approved or rejected, amended or repealed, as the case may be;
- The proposition;
- The reason or reasons therefor;
- That it is not one of the exceptions provided herein;
- Signatures of the petitioners or registered voters; and
- An abstract or summary proposition in not more than one hundred (100) words which shall be legibly written or printed at the top of every page of the petition.
SEC. 7. Verification of Signatures. - The Election 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.The law mandates upon the election registrar to personally verify the signatures. This is a solemn and important duty imposed on the election registrar which he cannot delegate to any other person, even to barangay officials. Hence, a verification of signatures made by persons other than the election registrars has no legal effect.
The ineffective verification in almost all the legislative districts in the Autonomous Region of Muslim Mindanao (ARMM) alone is shown by the certifications, similarly worded as above-quoted, of the election registrars of Buldon, Maguindanao;[58] Cotabato City (Special Province);[59] Datu Odin Sinsuat, Maguindanao;[60] Matanog, Maguindanao;[61] Parang, Maguindanao;[62] Kabantalan, Maguindanao;[63] Upi, Maguinadano;[64] Barira, Maguindanao;[65] Sultan, Mastura;[66] Ampatuan, Maguindanao;[67] Buluan, Maguindanao;[68] Datu Paglas, Maguindanao;[69] Datu Piang, Maguindanao;[70] Shariff Aguak, Maguindanao;[71] Pagalungan, Maguindanao;[72] Talayan, Maguindanao;[73] Gen. S.K. Pendatun, Maguindanao;[74] Mamasapano, Maguindanao;[75] Talitay, Maguindanao;[76] Guindulungan, Maguindanao;[77] Datu Saudi Ampatuan, Maguindanao;[78] Datu Unsay, Maguindanao;[79] Pagagawan, Maguindanao;[80] Rajah Buayan, Maguindanao;[81] Indanan, Sulu;[82] Jolo, Sulu;[83] Maimbung, Sulu;[84] Hadji Panglima, Sulu;[85] Pangutaran, Sulu;[86] Parang, Sulu;[87] Kalingalan Caluang, Sulu;[88] Luuk, Sulu;[89] Panamao, Sulu;[90] Pata, Sulu;[91] Siasi, Sulu;[92] Tapul, Sulu;[93] Panglima Estino, Sulu;[94] Lugus, Sulu;[95] and Pandami, Sulu. [96]LOCAL ELECTION OFFICER'S CERTIFICATION[57]
THIS IS TO CERTIFY that based on the verifications made by the Barangay Officials in this City/Municipality, as attested to by two (2) witnesses from the same Barangays, which is part of the 2nd Legislative District of the Province of Lanao del Sur, the names appearing on the attached signature sheets relative to the proposed initiative on Amendments to the 1987 Constitution, are those of bonafide resident of the said Barangays and correspond to the names found in the official list of registered voters of the Commission on Elections and/or voters' affidavit and/or voters' identification cards.
It is further certified that the total number of signatures of the registered voters for the City/Municipality of LUMBATAN, LANAO DEL SUR as appearing in the affixed signatures sheets is ONE THOUSAND ONE HUNDRED EIGHTY (1,180).
April 2, 2006IBRAHIM M. MACADATO
Election Officer
(Underscoring supplied)
Sec. 30. Verification of signatures. - The Election 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.Clearly, following the foregoing procedural rules, the COMELEC is not authorized to conduct any kind of hearing to receive any evidence for or against the sufficiency of the petition for initiative. Rather, the foregoing rules require of the COMELEC to determine the sufficiency or insufficiency of the petition for initiative on its face. And it has already been shown, by the annexes submitted by the petitioners themselves, their petition is, on its face, insufficient in form and substance. The remand of the case to the COMELEC for reception of evidence of the parties on the contentious factual issues is, in effect, an amendment of the abovequoted rules of the COMELEC by this Court which the Court is not empowered to do.
Sec. 31. Determination by the Commission. - The Commission shall act on the findings of the sufficiency or insufficiency of the petition for initiative or referendum.
If it should appear that the required number of signatures has not been obtained, the petition shall be deemed defeated and the Commission shall issue a declaration to that effect.
If it should appear that the required number of signatures has been obtained, the Commission shall set the initiative or referendum in accordance with the succeeding sections.
Sec. 32. Appeal. - The decision of the Commission on the findings of the sufficiency and insufficiency of the petition for initiative or referendum may be appealed to the Supreme Court within thirty (30) days from notice hereof.
In the Philippine setting, there is more compelling reason for courts to categorically reject the political question defense when its interposition will cover up abuse of power. For Section 1, Article VIII of our Constitution was intentionally cobbled to empower courts "... to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government." This power is new and was not granted to our courts in the 1935 and 1972 Constitutions. It was also not xeroxed from the US Constitution or any foreign state constitution. The CONCOM [Constitutional Commission] granted this enormous power to our courts in view of our experience under martial law where abusive exercises of state power were shielded from judicial scrutiny by the misuse of the political question doctrine. Led by the eminent former Chief Justice Roberto Concepcion, the CONCOM expanded and sharpened the checking powers of the judiciary vis-à-vis the Executive and the Legislative departments of government. In cases involving the proclamation of martial law and suspension of the privilege of habeas corpus, it is now beyond dubiety that the government can no longer invoke the political question defense.Even if the present petition involves the act, not of a governmental body, but of purportedly more than six million registered voters who have signified their assent to the proposal to amend the Constitution, the same still constitutes a justiciable controversy, hence, a non-political question. There is no doubt that the Constitution, under Article XVII, has explicitly provided for the manner or method to effect amendments thereto, or revision thereof. The question, therefore, of whether there has been compliance with the terms of the Constitution is for the Court to pass upon.[105]x x x x
To a great degree, it diminished its [political question doctrine] use as a shield to protect other abuses of government by allowing courts to penetrate the shield with new power to review acts of any branch or instrumentality of the government ". . . to determine whether or not there has been grave abuse of discretion amounting to lack or excess of jurisdiction."
Through constitutionalism we placed limits on both our political institutions and ourselves, hoping that democracies, historically always turbulent, chaotic and even despotic, might now become restrained, principled, thoughtful and just. So we bound ourselves over to a law that we made and promised to keep. And though a government of laws did not displace governance by men, it did mean that now men, democratic men, would try to live by their word.[115]Section 2, Article XVII of the Constitution on the system of initiative is limited only to proposals to amend to the Constitution, and does not extend to its revision. The Filipino people have bound themselves to observe the manner and method to effect the changes of the Constitution. They opted to limit the exercise of the right to directly propose amendments to the Constitution through initiative, but did not extend the same to the revision thereof. The petition for initiative, as it proposes to effect the revision thereof, contravenes the Constitution. The fundamental law of the state prescribes the limitations under which the electors of the state may change the same, and, unless such course is pursued, the mere fact that a majority of the electors are in favor of a change and have so expressed themselves, does not work a change. Such a course would be revolutionary, and the Constitution of the state would become a mere matter of form.[116]
x x x should be beyond the reach of temporary excitement and popular caprice or passion. It is needed for stability and steadiness; it must yield to the thought of the people; not to the whim of the people, or the thought evolved in excitement or hot blood, but the sober second thought, which alone, if the government is to be safe, can be allowed efficiency. Changes in government are to be feared unless the benefit is certain. As Montaign says: "All great mutations shake and disorder a state. Good does not necessarily succeed evil; another evil may succeed and worse.[118]Indisputably, the issues posed in the present case are of transcendental importance. Accordingly, I have approached and grappled with them with full appreciation of the responsibilities involved in the present case, and have given to its consideration the earnest attention which its importance demands. I have sought to maintain the supremacy of the Constitution at whatever hazard. I share the concern of Chief Justice Day in Koehler v. Hill:[119] "it is for the protection of minorities that constitutions are framed. Sometimes constitutions must be interposed for the protection of majorities even against themselves. Constitutions are adopted in times of public repose, when sober reason holds her citadel, and are designed to check the surging passions in times of popular excitement. But if courts could be coerced by popular majorities into a disregard of their provisions, constitutions would become mere `ropes of sand,' and there would be an end of social security and of constitutional freedom. The cause of temperance can sustain no injury from the loss of this amendment which would be at all comparable to the injury to republican institutions which a violation of the constitution would inflict. That large and respectable class of moral reformers which so justly demands the observance and enforcement of law, cannot afford to take its first reformatory step by a violation of the constitution. How can it consistently demand of others obedience to a constitution which it violates itself? The people can in a short time re-enact the amendment. In the manner of a great moral reform, the loss of a few years is nothing. The constitution is the palladium of republican freedom. The young men coming forward upon the stage of political action must be educated to venerate it; those already upon the stage must be taught to obey it. Whatever interest may be advanced or may suffer, whoever or whatever may be `voted up or voted down,' no sacrilegious hand must be laid upon the constitution."[120]
This Article states the procedure for changing the Constitution.AMENDMENTS OR REVISIONS
Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its members; or (2) A constitutional convention.
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 votes 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.
Sec. 3. The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention.
Sec. 4. Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision.
Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the petition.
". . . the blessings of . . . democracy under the rule of law . . . ."Such is the case with respect to the power to initiate changes in the Constitution. The power is subject to limitations under the Constitution itself, thus: The power could not be exercised for the first five years after the Constitution took effect and thereafter can only be exercised once every five years; the power only extends to proposing amendments but not revisions; and the power needs an act of Congress providing for its implementation, which act is directed and mandated.
Before I close, a word about stare decisis. In the present case, the Court is maintaining the ad ban to be consistent with its previous holding in NPC vs. Comelec. Thus, respondent urges reverence for the stability of judicial doctrines. I submit, however, that more important than consistency and stability are the verity, integrity and correctness of jurisprudence. As Dean Roscoe Pound explains, "Law must be stable but it cannot stand still." Verily, it must correct itself and move in cadence with the march of the electronic age. Error and illogic should not be perpetuated. After all, the Supreme Court, in many cases, has deviated from stare decisis and reversed previous doctrines and decisions.[[10]] It should do no less in the present case.[11]Santiago established a tenet that the Supreme Court may affirm a law as constitutional, yet declare its provisions as inadequate to accomplish the legislative purpose, then barred the enforcement of the law. That ruling is erroneous, illogical, and should not be perpetuated.
While it is permissible in this jurisdiction to consult the debates and proceedings of the constitutional convention in order to arrive at the reason and purpose of the resulting Constitution, resort thereto may be had only when other guides fail as said proceedings are powerless to vary the terms of the Constitution when the meaning is clear. Debates in the constitutional convention "are of value as showing the views of the individual members, and as indicating the reasons for their votes, but they give us no light as to the views of the large majority who did not talk . . . We think it safer to construe the constitution from what appears upon its face."[24]Even if there is need to refer to extrinsic sources in aid of constitutional interpretation, the constitutional record does not provide the exclusive or definitive answer on how to interpret the provision. The intent of a constitutional convention is not controlling by itself, and while the historical discussion on the floor of the constitutional convention is valuable, it is not necessarily decisive. The Court has even held in Vera v. Avelino[25] that "the proceedings of the [constitutional] convention are less conclusive of the proper construction of the fundamental law than are legislative proceedings of the proper construction of a statute, since in the latter case it is the intent of the legislature that courts seek, while in the former courts are endeavoring to arrive at the intent of the people through the discussions and deliberations of their representatives."[26] The proper interpretation of a constitution depends more on how it was understood by the people adopting it than the framers' understanding thereof.[27]
[P]etitioner in this case cannot "enervate" the COMELEC's findings by introducing new evidence before this Court, which in any case is not a trier of facts, and then ask it to substitute its own judgment and discretion for that of the COMELEC.Any present determination by the Court on the sufficiency of the petitions constitutes in effect a trial de novo, the Justices of the Supreme Court virtually descending to the level of trial court judges. This is an unbecoming recourse, and it simply is not done.
The rule in appellate procedure is that a factual question may not be raised for the first time on appeal, and documents forming no part of the proofs before the appellate court will not be considered in disposing of the issues of an action. This is true whether the decision elevated for review originated from a regular court or an administrative agency or quasi-judicial body, and whether it was rendered in a civil case, a special proceeding, or a criminal case. Piecemeal presentation of evidence is simply not in accord with orderly justice.[30]
The voice of the people has been said to be the voice of God; and however generally this maxim has been quoted and believed, it is not true in fact. The people are turbulent and changing; they seldom judge or determine right. Give therefore to the first class a distinct permanent share in the government... Can a democratic assembly who annually revolve in the mass of the people be supposed steadily to pursue the public good? Nothing but a permanent body can check the imprudence of democracy...[33]This utterly paternalistic and bigoted view has not survived into the present age of modern democracy where a person's poverty, color, or gender no longer impedes the exercise of full democratic rights. Yet a democracy that merely guarantees its citizens the right to live their lives freely is incomplete if there is no corresponding allowance for a means by which the people have a direct choice in determining their country's direction. Initiative as a mode of amending a constitution may seem incompatible with representative democracy, yet it embodies an even purer form of democracy. Initiative, which our 1987 Constitution saw fit to grant to the people, is a progressive measure that is but a continuation of the line of evolution of the democratic ideal.
"The people made the constitution, and the people can unmake it. It is the creature of their will, and lives only by their will. But this supreme and irresistible power to make or unmake, resides only in the whole body of the people; not in any subdivision of them."I express my concurrence in the discussions and conclusions presented in the persuasive and erudite dissent of Justice Reynato S. Puno. However, I make some additional observations in connection with my concurrence.-- Marshall, C.J., Cohens v. Virginia (1821, US) 6 Wheat 264, 389, 5 L ed. 257, 287.
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 afore-quoted section does not confer on the Filipino people the right to amend the Constitution because, as previously discussed, such right is inherent in them. The section only reduces into writing this right to initiate amendments to the Constitution where they collectively and willfully agreed in the manner by which they shall exercise this right: (a) through the filing of a petition; (b) supported by at least twelve percent (12%) of the total number of registered voters nationwide; (c) with each legislative district represented by at least three percent (3%) of the registered voters therein; (d) subject to the limitation that no such petition may be filed within five years after the ratification of the Constitution, and not oftener than once every five years thereafter; and (e) a delegation to Congress of the authority to provide the formal requirements and other details for the implementation of the right.
The Congress shall provide for the implementation of the exercise of this right.[2]
It is clear from the fallo, as it is reproduced above, that the Court made permanent the Temporary Restraining Order (TRO) it issued on 18 December 1996 against the COMELEC. The said TRO enjoined the COMELEC from proceeding with the Delfin Petition, and Alberto and Carmen Pedrosa from conducting a signature drive for people's initiative.[5] It was this restraining order, more particularly the portion thereof referring to the Delfin Petition, which was expressly made permanent by the Court. It would seem to me that the COMELEC and all other oppositors to Lambino and Aumentado's petition for initiative gave unwarranted significance and weight to the first paragraph of the Conclusion in the Santiago case. The first and second paragraphs of the Conclusion, preceding the dispositive portion, merely express the opinion of the ponente; while the definite orders of the Court for implementation are found in the dispositive portion.CONCLUSION
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 to 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 longer in complying with the constitutional mandate to provide for the implementation of the right of the people under that system.
WHEREFORE, judgment is hereby rendered
a) GRANTING the instant petition;
b) DECLARING R.A. No. 6735 inadequate to cover the system of initiative on amendments to the Constitution, and to have failed to provide sufficient standard for subordinate legislation;
c) DECLARING void those parts of Resolution No. 2300 of the Commission on Elections prescribing rules and regulations on the conduct of initiative or amendments to the Constitution; and
d) ORDERING the Commission on Elections to forthwith DISMISS the DELFIN petition (UND-96-037).
The Temporary Restraining Order issued on 18 December 1996 is made permanent as against the Commission on Elections, but is LIFTED as against private respondents.
Resolution on the matter of contempt is hereby reserved.
The dispositive portion or the fallo is what actually constitutes the resolution of the court and which is the subject of execution, although the other parts of the decision may be resorted to in order to determine the ratio decidendi for such a resolution. Where there is conflict between the dispositive part and the opinion of the court contained in the text of the decision, the former must prevail over the latter on the theory that the dispositive portion is the final order while the opinion is merely a statement ordering nothing. Hence execution must conform more particularly to that ordained or decreed in the dispositive portion of the decision.[6]Is there a conflict between the first paragraph of the Conclusion and the dispositive portion of the Santiago case? Apparently, there is. The first paragraph of the Conclusion states that the COMELEC should be permanently enjoined from entertaining or taking cognizance of any petition for initiative on amendments to the Constitution until the enactment of a valid law. On the other hand, the fallo only makes permanent the TRO[7] against COMELEC enjoining it from proceeding with the Delfin Petition. While the permanent injunction contemplated in the Conclusion encompasses all petitions for initiative on amendments to the Constitution, the fallo is expressly limited to the Delfin Petition. To resolve the conflict, the final order of the Court as it is stated in the dispositive portion or the fallo should be controlling.
First, it is barred by res judicata. No one aware of the pleadings filed here and in Santiago v. COMELEC (G.R. No. 127325, 19 March 1997) may plead ignorance of the fact that the former is substantially identical to the latter, except for the reversal of the roles played by the principal parties and inclusion of additional, yet not indispensable, parties in the present petition. But plainly, the same issues and reliefs are raised and prayed for in both cases.While the Santiago case bars the PIRMA case because of res judicata, the same cannot be said to the Petition at bar. Res judicata is an absolute bar to a subsequent action for the same cause; and its requisites are: (a) the former judgment or order must be final; (b) the judgment or order must be one on the merits; (c) it must have been rendered by a court having jurisdiction over the subject matter and parties; and (d) there must be between the first and second actions, identity of parties, of subject matter and of causes of action.[10]
The principal petitioner here is the PEOPLE'S INITIATIVE FOR REFORM, MODERNIZATION, AND ACTION (PIRMA) and Spouses ALBERTO PEDROSA and CARMEN PEDROSA. PIRMA is self-described as "a non-stock, non-profit organization duly organized and existing under Philippine laws with office address at Suite 403, Fedman Suites, 199 Salcedo Street, Legaspi Village, Makati City," with "ALBERTO PEDROSA and CARMEN PEDROSA" as among its "officers." In Santiago, the PEDROSAS were made respondents as founding members of PIRMA which, as alleged in the body of the petition therein, "proposes to undertake the signature drive for a people's initiative to amend the Constitution." In Santiago then, the PEDROSAS were sued in their capacity as founding members of PIRMA.
The decision in Santiago specifically declared that PIRMA was duly represented at the hearing of the Delfin petition in the COMELEC. In short, PIRMA was intervenor-petitioner therein. Delfin alleged in his petition that he was a founding member of the Movement for People's Initiative, and under footnote no. 6 of the decision, it was noted that said movement was "[l]ater identified as the People's Initiative for Reforms, Modernization and Action, or PIRMA for brevity." In their Comment to the petition in Santiago, the PEDROSA'S did not deny that they were founding members of PIRMA, and by their arguments, demonstrated beyond a shadow of a doubt that they had joined Delfin or his cause.
No amount of semantics may then shield herein petitioners PIRMA and the PEDROSAS, as well as the others joining them, from the operation of the principle of res judicata, which needs no further elaboration.[9]
Although both cases involve the right of the people to initiate amendments to the Constitution, the personalities concerned and the other factual circumstances attendant in the two cases differ. Also dissimilar are the particular prayer and reliefs sought by the parties from the COMELEC, as well as from this Court.
- Finding the petition to be sufficient pursuant to Section 4, Article XVII of the 1987 Constitution;
- Directing the publication of the petition in Filipino and English at least twice in newspapers of general and local circulation; and
- Calling a plebiscite to be held not earlier than sixty nor later than ninety days after the Certification by the COMELEC of the sufficiency of the petition, to allow the Filipino people to express their sovereign will on the proposition.
SEC. 4. x x xAs a rule, the word "shall" commonly denotes an imperative obligation and is inconsistent with the idea of discretion, and that the presumption is that the word "shall" when used, is mandatory.[11] Under the above-quoted constitutional provision, it is the mandatory or imperative obligation of the COMELEC to (a) determine the sufficiency of the petition for initiative on amendments to the Constitution and issue a certification on its findings; and (b) in case such petition is found to be sufficient, to set the date for the plebiscite on the proposed amendments not earlier than 60 days nor later than 90 days after its certification.
Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the petition.
Simply put, Santiago did, in reality, declare as unconstitutional that portion of R.A. No. 6735 relating to Constitutional initiatives for failure to comply with the "completeness and sufficient standard tests" with respect to permissible delegation of legislative power or subordinate legislation. However petitioners attempt to twist the language in Santiago, the conclusion is inevitable; the portion of R.A. No. 6735 was held to be unconstitutional.It is important to note, however, that while the Decision in the Santiago case pronounced repeatedly that Republic Act No. 6735 was insufficient and inadequate, there is no categorical declaration therein that the said statute was unconstitutional. The express finding that Republic Act No. 6735 is unconstitutional can only be found in the separate opinion of former Chief Justice Davide to the Resolution in the PIRMA case, which was not concurred in by the other members of the Court.
[A]ll presumptions are indulged in favor of constitutionality; one who attacks a statute, alleging unconstitutionality must prove its invalidity beyond a reasonable doubt (Victoriano v. Elizalde Rope Workers' Union, 59 SCRA 54 [19741). In fact, this Court does not decide questions of a constitutional nature unless that question is properly raised and presented in appropriate cases and is necessary to a determination of the case, i.e., the issue of constitutionality must be lis mota presented (Tropical Homes v. National Housing Authority, 152 SCRA 540 [1987]).First, the Court, in the Santiago case, could have very well avoided the issue of constitutionality of Republic Act No. 6735 by ordering the COMELEC to dismiss the Delfin petition for the simple reason that it does not constitute an initiatory pleading over which the COMELEC could acquire jurisdiction. And second, the unconstitutionality of Republic Act No. 6735 has not been adequately shown. It was by and large merely inferred or deduced from the way Republic Act No. 6735 was worded and the provisions thereof arranged and organized by Congress. The dissenting opinions rendered by several Justices in the Santiago case reveal the other side to the argument, adopting the more liberal interpretation that would allow the Court to sustain the constitutionality of Republic Act No. 6735. It would seem that the majority in the Santiago case failed to heed the rule that all presumptions should be resolved in favor of the constitutionality of the statute.
R.A. No. 6735 sufficiently states the policy and the standards to guide the COMELEC in promulgating the law's implementing rules and regulations of the law. As aforestated, Section 2 spells out the policy of the law; viz: "The power of the people under a 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 upon compliance with the requirements of this Act is hereby affirmed, recognized and guaranteed." Spread out all over R.A. No. 6735 are the standards to canalize the delegated power to the COMELEC to promulgate rules and regulations from overflowing. Thus, the law states the number of signatures necessary to start a people's initiative, directs how initiative proceeding is commenced, what the COMELEC should do upon filing of the petition for initiative, how a proposition is approved, when a plebiscite may be held, when the amendment takes effect, and what matters may not be the subject of any initiative. By any measure, these standards are adequate.
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane society and establish a Government that shall embody our ideals and aspirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our posterity the blessings of independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.[2] Article XVII, Constitution.
The fate of every democracy, of every government based on the Sovereignty of the people, depends on the choices it makes between these opposite principles: absolute power on the one hand, and on the other the restraints of legality and the authority of tradition.In this thorny matter of the people's initiative, I concur with the erudite and highly persuasive opinion of Justice Reynato S. Puno upholding the people's initiative and raise some points of my own.--John Acton
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.In the Santiago case, the Court discussed whether the second paragraph of that section had been fulfilled. It determined that Congress had not provided for the implementation of the exercise of the people's initiative, when it held that Republic Act No. 6735, or "The Initiative and Referendum Act," was "inadequate to cover the system of initiative on amendments to the Constitution, and to have failed to provide sufficient standard for subordinate legislation."[2]
The Congress shall provide for the implementation of the exercise of this right.
This petition must then be granted and the COMELEC should be permanently enjoined from entertaining or taking cognizance of any petition or initiative on amendments on the Constitution until a sufficient law shall have been validly enacted to provide for the implementation of the system (emphasis supplied).In the said case, the Court's fallo states as follows:
We feel, however, that the system of initiative to 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 longer in complying with the constitutional mandate to provide for the implementation of the right of the people under that system.
WHEREFORE, judgment is hereby renderedThe question now is if the ruling in Santiago is decisive in this case. It is elementary that when there is conflict between the dispositive portion or fallo of the decision and the opinion of the court contained in the text or body of the judgment, the former prevails over the latter. An order of execution is based on the disposition, not on the body, of the decision.[5] The dispositive portion is its decisive resolution; thus, it is the subject of execution. The other parts of the decision may be resorted to in order to determine the ratio decidendi for the disposition. Where there is conflict between the dispositive part and the opinion of the court contained in the text or body of the decision, the former must prevail over the latter on the theory that the dispositive portion is the final order, while the opinion is merely a statement ordering nothing. Hence, the execution must conform with that which is ordained or decreed in the dispositive portion of the decision.[6]
a) GRANTING the instant petition;
b) DECLARING R. A. 6735 inadequate to cover the system of initiative on amendments to the Constitution, and to have failed to provide sufficient standard for subordinate legislation;
c) DECLARING void those parts of Resolutions No. 2300 of the Commission on Elections prescribing rules and regulations on the conduct of initiative or amendments to the Constitution; and
d) ORDERING the Commission on Elections to forthwith DISMISS the DELFIN petition (UND-96-037).
The Temporary Restraining Order issued on 18 December 1996 is made permanent as against the Commission on Elections, but is LIFTED against private respondents.
Resolution on the matter of contempt is hereby reserved.
SO ORDERED.
The Court ruled, first, by a unanimous vote, that no grave abuse of Discretion could be attributed to the public respondent COMELEC in Dismissing the petition filed by PIRMA therein, it appearing that it only Complied with the DISPOSITIONS in the Decision of this Court in G.R. No. 127325, promulgated on March 19, 1997, and its Resolution of June 10, 1997.Take note that the Court specifically referred to "dispositions" in the March 19, 1997 Decision. To reiterate, the dispositions in the Santiago case decision refer specifically to the December 18, 1996 TRO being made permanent against the COMELEC but do not pertain to a permanent injunction against any other petition for initiative on amendment. Thus, what was confirmed or even affirmed in the Minute Resolution in the PIRMA case pertains solely to the December 18, 1996 TRO which became permanent, the declaration of the inadequacy of RA 6735, and the annulment of certain parts of Resolution No. 2300 but certainly not the alleged perpetual injunction against the initiative petition. Thus, the resolution in the PIRMA case cannot be considered res judicata to the Lambino petition.
Strictly speaking, the act of revising a constitution involves alterations of different portions of the entire document. It may result in the rewriting either of the whole constitution, or the greater portion of it, or perhaps only some of its important provisions. But whatever results the revision may produce, the factor that characterizes it as an act of revision is the original intention and plan authorized to be carried out. That intention and plan must contemplate a consideration of all the provisions of the constitution to determine which one should be altered or suppressed or whether the whole document should be replaced with an entirely new one.In this case, the Lambino petition is not concerned with rewriting the entire Constitution. It was never its intention to revise the whole Constitution. It merely concerns itself with amending a few provisions in our fundamental charter.
The act of amending a constitution, on the other hand, envisages a change of only a few specific provisions. The intention of an act to amend is not to consider the advisability of changing the entire constitution or of considering that possibility. The intention rather is to improve specific parts of the existing constitution or to add to it provisions deemed essential on account of changed conditions or to suppress portions of it that seem obsolete, or dangerous, or misleading in their effect.