Sheryl Lou J.

Coloma

MIRIAM DEFENSOR SANTIAGO, et. al. versus COMMISSION ON

ELECTIONS, et. al.
G.R. No. 127325, March 19, 1997

Facts:
Dec 6, 1996, Atty. Jesus S. Delfin filed with COMELEC a Petition to
Amend the Constitution to Lift Term Limits of elective Officials by
Peoples Initiative The COMELEC then, upon its approval a) set the
time and dates for signature gathering all over the country b) caused
the necessary publication of the said petition in papers of general
circulation, and c) instructed local election registrars to assist
petitioners and volunteers in establishing signing stations.
Dec 18, 1996, Santiago et. al. filed a special civil action for
prohibition against Delfins Petition. The former argues that 1) the
constitutional provision on peoples initiative to amend the
constitution can only be implemented by law to be passed by
Congress and no such law has yet been passed by Congress 2) RA
6735 indeed provides for three systems of initiative namely, initiative
on the Constitution, on statues and on local legislation. The two latter
forms of initiative were specifically provided for in Subtitles II and III
thereof but no provisions were specifically made for initiatives on the
Constitution. This omission indicates that the matter of peoples
initiative to amend the Constitution was left to some future law as
pointed out by former Senator Arturo Tolentino.

ISSUE: Whether or not RA 6735 was intended to include initiative on

amendments to the constitution and if so whether the act, as worded,
adequately covers such initiative.

HELD:
R.A. 6735 is intended to include the system of initiative on
amendments to the constitution but is unfortunately inadequate to
cover that system. Sec 2 of Article 17 of the Constitution provides:
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. The Congress shall provide for the
implementation of the exercise of this right. This provision is
obviously not self-executory as it needs an enabling law to be passed
by Congress. Joaquin Bernas, a member of the 1986 Con-Con stated
without implementing legislation Section 2, Art 17 cannot operate.
Thus, although this mode of amending the constitution is a mode of
amendment which bypasses Congressional action in the last analysis
is still dependent on Congressional action. Bluntly stated, the right of
the people to directly propose amendments to the Constitution
through the system of initiative would remain entombed in the cold
niche of the constitution until Congress provides for its
implementation. The people cannot exercise such right, though
constitutionally guaranteed, if Congress for whatever reason does not
provide for its implementation.

***Note that this ruling has been reversed on November 20, 2006
when ten justices of the SC ruled that RA 6735 is adequate enough to
enable such initiative. HOWEVER, this was a mere minute resolution
which reads in part:

Ten (10) Members of the Court reiterate their position, as shown by

their various opinions already given when the Decision herein was
promulgated, that Republic Act No. 6735 is sufficient and adequate to
amend the Constitution thru a peoples initiative.