Initiative on statutes, which refersto a petition proposing to enact anational legislation;
Initiative on local legislation whichrefers to a petition proposing to enacta regional, provincial, city, municipalor barangay law, resolution orordinance
that in the case of
the Supreme Court heldthat there is no law yet that issufficient enough for proposingamendments to the Constitution.R.A. 6735 was deemed sufficient forstatutory amendments but notConstitutional amendments.(5)
Recall is the termination of officialrelationship of a local elective official forloss of confidence prior to the expiration of his term through the will of the electorate.
Who can exercise
Under Art. V, Sec. 1 of the 1987Constitution, the right of suffrage may beexercised by all citizens of the Philippines whoare:
not otherwise disqualified by law,
at least 18 years of age, and
have resided in the Philippines forat least 1 year, and in the placewherein they propose to vote for atleast 6 months immediatelypreceding the election.The same provision provides that noliteracy, property or other substantiverequirement shall be imposed on the exerciseof suffrage, and that Congress may not add oralter the qualifications of voters under Art. V,Sec. 1 of the 1987 Constitution. Thisspecification is an implied prohibition againstinterference on the part of Congress in theright of suffrage.Congress, however, to a limited extent canregulate the right of suffrage by:
Defining the qualifications of voters
Prescribing the form of officialballot
Providing for the manner of choosing candidates and thenames to be printed on the ballot
Regulating the manner of conducting elections
Suppressing whatever evilsincident to the election of publicofficers, pursuant to its duty tosecure the secrecy and sanctity of the ballots under Art. V, Sec. 2 of the 1987 Constitution.
What are the substantive requirementsfor the exercise of suffrage?
The only substantive requirements toexercise the right to vote are: (CARA)
Absence of disqualifications
This may be by birth or naturalization.
Must be at least 18 at the time of theelection.
For the purposes of election law,residence is synonymous with domicile. Art.50 of the Civil Code provides that “for theexistence of civil rights and the fulfillment of civil obligations, the domicile of naturalpersons is the place of their habitualresidence.” Domicile includes the twinelements of “the fact of residing or physicalpresence in a fixed place” and
, or the intention of returning therepermanently. (
Every person is deemed to have hisdomicile somewhere, and when it has beenacquired, it will be deemed to continue until anew one has been acquired. Temporaryabsences although frequent or long continued,will not, while the person has a continuousintention to return, deprive him of his domicileand right to vote.Any person who temporarily resides inanother city, municipality or country solely byreason of his occupation, profession,employment in private or public service,educational activities, work in the military ornaval reservations within the Philippines,service in the AFP, the PNP, or confinement ordetention in government institutions inaccordance with law, shall not be deemed tohave lost his original residence. (
Sec. 9, R.A.8189)
It is not necessary that a personshould have a house in order to establish his