22.4 Lambino v.

COMELEC, 505 SCRA 160 (2006)

FACTS: On 25 August 2006, Lambino et al filed a petition with the COMELEC to

hold a plebiscite that will ratify their initiative petition to change the 1987
Constitution under Section 5(b) and (c)2 and Section 73 of Republic Act No. 6735 or
the Initiative and Referendum Act. The Lambino Group alleged that their petition
had the support of 6,327,952 individuals constituting at least twelve per centum
(12%) of all registered voters, with each legislative district represented by at least
three per centum (3%) of its registered voters. The Lambino Group also claimed that
COMELEC election registrars had verified the signatures of the 6.3 million
individuals. The Lambino Group’s initiative petition changes the 1987 Constitution
by modifying Sections 1-7 of Article VI (Legislative Department)4 and Sections 1-4 of
Article VII (Executive Department) and by adding Article XVIII entitled “Transitory
Provisions.” These proposed changes will shift the present Bicameral-Presidential
system to a Unicameral-Parliamentary form of government. On 30 August 2006, the
Lambino Group filed an Amended Petition with the COMELEC indicating
modifications in the proposed Article XVIII (Transitory Provisions) of their initiative.

ISSUE: Whether the Lambino Group’s initiative petition complies with Section 2,
Article XVII of the Constitution on amendments to the Constitution through a
people’s initiative

HELD: No, 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. Second, no agent or representative can sign
on their behalf. Second, as an initiative upon a petition, the proposal must be
embodied in a petition. The Lambino Group did not attach to their present petition
with this Court a copy of the paper that the people signed as their initiative petition,
but only submitted to this Court a copy of a signature sheet.