22.3 Defensor-Santiago v.

COMELEC, 270 SCRA 106 (1997); MR (1997)

FACTS: Private respondent Atty. Jesus Delfin, president of People’s Initiative for
Reforms, Modernization and Action (PIRMA), filed with COMELEC a petition to
amend the constitution to lift the term limits of elective officials, through People’s
Initiative. He based this petition on Article XVII, Sec. 2 of the 1987 Constitution,
which provides for the right of the people to exercise the power to directly propose
amendments to the Constitution. Subsequently the COMELEC issued an order
directing the publication of the petition and of the notice of hearing and thereafter
set the case for hearing. Senator Roco filed a motion to dismiss the Delfin petition on
the ground that one which is cognizable by the COMELEC. The petitioners herein
Senator Santiago, Alexander Padilla, and Isabel Ongpin filed this civil action for
prohibition under Rule 65 of the Rules of Court against COMELEC and the Delfin
petition rising the several arguments, such as the following: (1) The constitutional
provision on people’s initiative to amend the constitution can only be implemented by
law to be passed by Congress. No such law has been passed; (2) The people’s initiative
is limited to amendments to the Constitution, not to revision thereof. Lifting of the
term limits constitutes a revision, therefore it is outside the power of people’s
initiative. The Supreme Court granted the Motions for Intervention.

ISSUE: Is the constitutional provision on initiative and referendum self-executory?

HELD: No, it requires implementing legislation. Congress has approved RA 6735, the
Initiative and Referendum Law, but the Supreme Court held that the law, as worded,
does not apply to constitutional amendment. Therefore, amendment by initiative and
referendum must still await a valid law.