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2-18 Lambino Vs Comelec Ok
2-18 Lambino Vs Comelec Ok
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EN BANC
Petitioners,
- versus -
Respondent.
Facts: On 15 February 2006, petitioners Raul L. Lambino and Erico B. Aumentado with other
groups and individuals, commenced gathering signatures for an initiative petition to
change the 1987 Constitution in order to shift the present Bicameral-Presidential system
to a Unicameral-Parliamentary form of government.
Issue: Whether the Lambino Groups initiative petition complies with Section 2, Article XVII
of the Constitution on amendments to the Constitution through a peoples initiative;
Ruling: No. 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 essence of amendments directly proposed by the people
through initiative upon a petition is that the entire proposal on its face is a petition
by the people. This means two essential elements must be present. First, the people
must author and thus sign the entire proposal. No agent or representative can sign on
their behalf. Second, as an initiative upon a petition, the proposal must be embodied in a
petition.
These essential elements are present only if the full text of the proposed
amendments is first shown to the people who express their assent by signing such
complete proposal in a petition. Thus, an amendment is directly proposed by the
people through initiative upon a petition only if the people sign on a petition that
contains the full text of the proposed amendments.