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

6735 August 4, 19 9

AN AC! PR"#$%$N& '"R A ()(!E* "' $N$!$A!$#E AN% RE'EREN%+* AN% APPR"PR$A!$N& '+N%( !,ERE'"R Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:: $. - &ener.l Pro/isions (ection 1. Title. This Act shall be known as "!he $niti.ti/e .n0 Referen0u1 Act." (ection 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 le islative body upon compliance with the re!uirements of this Act is hereby affirmed, reco ni"ed and uaranteed# (ection 3. Definition of Terms. $or purposes of this Act, the followin terms shall mean: %a& "'nitiative" is the power of the people to propose amendments to the Constitution or to propose and enact le islations throu h an election called for the purpose# There are three %(& systems of initiative, namely: a#) 'nitiative on the Constitution which refers to a petition proposin amendments to the Constitution* a#+# 'nitiative on statutes which refers to a petition proposin le islation* and to enact a national

a#(# 'nitiative on local le islation which refers to a petition proposin to enact a re ional, provincial, city, municipal, or baran ay law, resolution or ordinance# %b& "'ndirect initiative" is e,ercise of initiative by the people throu h a proposition sent to Con ress or the local le islative body for action# %c& "-eferendum" is the power of the electorate to approve or reject a le islation throu h an election called for the purpose# 't may be of two classes, namely: c#)# -eferendum on statutes which refers to a petition to approve or reject an act or law, or part thereof, passed by Con ress* and c#+# -eferendum on local law which refers to a petition to approve or reject a law, resolution or ordinance enacted by re ional assemblies and local le islative bodies# %d& ".roposition" is the measure proposed by the voters# %e& ".lebiscite" is the electoral process by which an initiative on the Constitution is approved or rejected by the people# %f& ".etition" is the written instrument containin the proposition and the re!uired number of si natories# 't shall be in a form to be determined by and submitted to the Commission on /lections, hereinafter referred to as the Commission#

% & "0ocal overnment units" refers to provinces, cities, municipalities and baran ays# %h& "0ocal le islative bodies" refers to the 1an unian .anlun sod, 1an unian 2ayan, and 1an unian 3ayon# .anlalawi an, 1an unian

%i& "0ocal e,ecutives" refers to the .rovincial 4overnors, City or Municipal Mayors and .unon 2aran ay, as the case may be# (ection 4. Who may exercise. The power of initiative and referendum may be e,ercised by all re istered voters of the country, autonomous re ions, provinces, cities, municipalities and baran ays# (ection 5. Requirements. %a& To e,ercise the power of initiative or referendum, at least ten per centum %)56& of the total number of the re istered voters, of which every le islative district is represented by at least three per centum %(6& of the re istered voters thereof, shall si n a petition for the purpose and re ister the same with the Commission# %b& A petition for an initiative on the )789 Constitution must have at least twelve per centum %)+6& of the total number of re istered voters as si natories, of which every le islative district must be represented by at least three per centum %(6& of the re istered voters therein# 'nitiative on the Constitution may be e,ercised only after five %:& years from the ratification of the )789 Constitution and only once every five %:& years thereafter# %c& The petition shall state the followin : c#)# contents or te,t of the proposed law sou ht to be enacted, approved or rejected, amended or repealed, as the case may be* c#+# the proposition* c#(# the reason or reasons therefor* c#;# that it is not one of the e,ceptions provided herein* c#:# si natures of the petitioners or re istered voters* and c#<# an abstract or summary in not more than one hundred %)55& words which shall be le ibly written or printed at the top of every pa e of the petition# %d& A referendum or initiative affectin a law, resolution or ordinance passed by the le islative assembly of an autonomous re ion, province or city is deemed validly initiated if the petition thereof is si ned by at least ten per centum %)56& of the re istered voters in the province or city, of which every le islative district must be represented by at least three per centum %(6& of the re istered voters therein* .rovided, however, That if the province or city is composed only of one %)& le islative district, then at least each municipality in a province or each baran ay in a city should be represented by at least three per centum %(6& of the re istered voters therein# %e& A referendum of initiative on an ordinance passed in a municipality shall be deemed validly initiated if the petition therefor is si ned by at least ten per centum %)56& of the re istered voters in the municipality, of which every baran ay is represented by at least three per centum %(6& of the re istered voters therein# %f& A referendum or initiative on a baran ay resolution or ordinance is deemed validly initiated if si ned by at least ten per centum %)56& of the re istered voters in said baran ay# (ection 6. Special Registration. The Commission on /lection shall set a special re istration day at least three %(& weeks before a scheduled initiative or referendum# (ection 7. Verification of Signatures. The /lection -e istrar shall verify the si natures on the basis

of the re istry list of voters, voters= affidavits and voters identification cards used in the immediately precedin election# $$. - N.tion.l $niti.ti/e .n0 Referen0u1 (EC!$"N . Conduct and Date of Initiative or Referendum. The Commission shall call and supervise the conduct of initiative or referendum# >ithin a period of thirty %(5& days from receipt of the petition, the Commission shall, upon determinin the sufficiency of the petition, publish the same in $ilipino and /n lish at least twice in newspapers of eneral and local circulation and set the date of the initiative or referendum which shall not be earlier than forty?five %;:& days but not later than ninety %75& days from the determination by the Commission of the sufficiency of the petition# (ection 9. ffectivity of Initiative or Referendum Proposition. %a& The .roposition of the enactment, approval, amendment or rejection of a national law shall be submitted to and approved by a majority of the votes cast by all the re istered voters of the .hilippines# 'f, as certified to by the Commission, the proposition is approved by a majority of the votes cast, the national law proposed for enactment, approval, or amendment shall become effective fifteen %):& days followin completion of its publication in the @fficial 4a"ette or in a newspaper of eneral circulation in the .hilippines# 'f, as certified by the Commission, the proposition to reject a national law is approved by a majority of the votes cast, the said national law shall be deemed repealed and the repeal shall become effective fifteen %):& days followin the completion of publication of the proposition and the certification by the Commission in the @fficial 4a"ette or in a newspaper of eneral circulation in the .hilippines# Aowever, if the majority vote is not obtained, the national law sou ht to be rejected or amended shall remain in full force and effect# %b& The 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# %c& A national or local initiative proposition approved by majority of the votes cast in an election called for the purpose shall become effective fifteen %):& days after certification and proclamation by the Commission# (ection 13. Prohi!ited "easures. The followin referendum petition: cannot be the subject of an initiative or

%a& 3o petition embracin more than one %)& subject shall be submitted to the electorate* and %b& 1tatutes involvin emer ency measures, the enactment of which are specifically vested in Con ress by the Constitution, cannot be subject to referendum until ninety %75& days after its effectivity# (ection 11. Indirect Initiative. Any duly accredited people=s or ani"ation, as defined by law, may file a petition for indirect initiative with the Aouse of -epresentatives, and other le islative bodies# The petition shall contain a summary of the chief purposes and contents of the bill that the or ani"ation proposes to be enacted into law by the le islature# The procedure to be followed on the initiative bill shall be the same as the enactment of any le islative measure before the Aouse of -epresentatives e,cept that the said initiative bill shall have precedence over the pendin le islative measures on the committee# (ection 12. #ppeal. The decision of the Commission on the findin s of the sufficiency or insufficiency of the petition for initiative or referendum may be appealed to the 1upreme Court within

thirty %(5& days from notice thereof# $$$. - 4oc.l $niti.ti/e .n0 Referen0u1 (EC!$"N 13. Procedure in $ocal Initiative. %a& 3ot less than two thousand %+,555& re istered voters in case of autonomous re ions, one thousand %),555& in case of provinces and cities, one hundred %)55& in case of municipalities, and fifty %:5& in case of baran ays, may file a petition with the -e ional Assembly or local le islative body, respectively, proposin the adoption, enactment, repeal, or amendment, of any law, ordinance or resolution# %b& 'f no favorable action thereon is made by local le islative body within %(5& days from its presentation, the proponents throu h their duly authori"ed and re istered representative may invoke their power of initiative, ivin notice thereof to the local le islative body concerned# %c& The proposition shall be numbered serially startin from one %)&# The 1ecretary of 0ocal 4overnment or his desi nated representative shall e,tend assistance in the formulation of the proposition# %d& Two or more propositions may be submitted in an initiative# %e& .roponents shall have one hundred twenty %)+5& days in case of autonomous re ions, ninety %75& days in case of provinces and cities, si,ty %<5& days in case of municipalities, and thirty %(5& days in case of baran ays, from notice mentioned in subsection %b& hereof to collect the re!uired number of si natures# %f& The petition shall be si ned before the /lection -e istrar, or his desi nated representative, in the presence of a representative of the proponent, and a representative of the re ional assemblies and local le islative bodies concerned in a public place in the autonomous re ion or local overnment unit, as the case may be# 1i nature stations may be established in as many places as may be warranted# % & Bpon the lapse of the period herein provided, the Commission on /lections, throu h its office in the local overnment unit concerned shall certify as to whether or not the re!uired number of si natures has been obtained# $ailure to obtain the re!uired number is a defeat of the proposition# %h& 'f the re!uired number of the si natures is obtained, the Commission shall then set a date for the initiative at which the proposition shall be submitted to the re istered voters in the local overnment unit concerned for their approval within ninety %75& days from the date of certification by the Commission, as provided in subsection % & hereof, in case of autonomous re ions, si,ty %<5& days in case of the provinces and cities, forty?five %;:& days in case of municipalities, and thirty %(5& days in case of baran ays# The initiative shall then be held on the date set, after which the results thereof shall be certified and proclaimed by the Commission on /lections# (ection 14. ffectivity of $ocal Propositions. 'f the proposition is approved by a majority of the votes cast, it shall take effect fifteen %):& days after certification by the Commission as if affirmative action thereon had been made by the local le islative body and local e,ecutive concerned# 'f it fails to obtain said number of votes, the proposition is considered defeated# (ection 15. $imitations on $ocal Initiatives. %a& The power of local initiative shall not be e,ercised more than once a year# %b& 'nitiative shall e,tend only to subjects or matters which are within the le al powers of the local le islative bodies to enact#

%c& 'f at any time before the initiative is held, the local le islative body shall adopt in toto the proposition presented, the initiative shall be cancelled# Aowever, those a ainst such action may, if they so desire, apply for initiative in the manner herein provided# (ection 16. $imitations %pon $ocal $egislative &odies. Any proposition or ordinance or resolution approved throu h the system of initiative and referendum as herein provided shall not be repealed, modified or amended, by the local le islative body concerned within si, %<& months from the date therefrom, and may be amended, modified or repealed by the local le islative body within three %(& years thereafter by a vote of three?fourths %(C;& of all its members: .rovided, however, that in case of baran ays, the period shall be one %)& year after the e,piration of the first si, %<& months# (ection 17. $ocal Referendum. 3otwithstandin the provisions of 1ection ; hereof, any local le islative body may submit to the re istered voters of autonomous re ion, provinces, cities, municipalities and baran ays for the approval or rejection, any ordinance or resolution duly enacted or approved# 1aid referendum shall be held under the control and direction of the Commission within si,ty %<5& days in case of provinces and cities, forty?five %;:& days in case of municipalities and thirty %(5& days in case of baran ays# The Commission shall certify and proclaim the results of the said referendum# (ection 1 . #uthority of Courts. 3othin in this Act shall prevent or preclude the proper courts from declarin null and void any proposition approved pursuant to this Act for violation of the Constitution or want of capacity of the local le islative body to enact the said measure# $#. - 'in.l Pro/isions (EC!$"N 19. #pplica!ility of the 'mni!us lection Code. The @mnibus /lection Code and other election laws, not inconsistent with the provisions of this Act, shall apply to all initiatives and referenda# (ection 23. Rules and Regulations. The Commission is hereby empowered to promul ate such rules and re ulations as may be necessary to carry out the purposes of this Act# (ection 21. #ppropriations. The amount necessary to defray the cost of the initial implementation of this Act shall be char ed a ainst the Contin ent $und in the 4eneral Appropriations Act of the current year# Thereafter, such sums as may be necessary for the full implementation of this Act shall be included in the annual 4eneral Appropriations Act# (ection 22. Separa!ility Clause. 'f any part or provision of this Act is held invalid or unconstitutional, the other parts or provisions thereof shall remain valid and effective# (ection 23. ffectivity. This Act shall take effect fifteen %):& days after its publication in a newspaper of eneral circulation# Approved: August 4, 19 9