You are on page 1of 3

Republic Act No. 6735 August 4, 1989 c.1.

contents or text of the proposed law sought to be


AN ACT PROVIDING FOR A SYSTEM OF INITIATIVE AND enacted, approved or rejected, amended or repealed, as the
REFERENDUM AND APPROPRIATING FUNDS THEREFOR case may be;
c.2. the proposition;
I. — General Provisions c.3. the reason or reasons therefor;
Section 1. Title. — This Act shall be known as "The c.4. that it is not one of the exceptions provided herein;
Initiative and Referendum Act." c.5. signatures of the petitioners or registered voters;
Section 2. Statement of Policy. — The power of the and
people under a system of initiative and referendum to directly c.6. an abstract or summary in not more than one
propose, enact, approve or reject, in whole or in part, the hundred (100) words which shall be legibly written or printed
Constitution, laws, ordinances, or resolutions passed by any at the top of every page of the petition.
legislative body upon compliance with the requirements of (d) A referendum or initiative affecting a law, resolution
this Act is hereby affirmed, recognized and guaranteed. or ordinance passed by the legislative assembly of an
Section 3. Definition of Terms. — For purposes of autonomous region, province or city is deemed validly
this Act, the following terms shall mean: initiated if the petition thereof is signed by at least ten per
(a) "Initiative" is the power of the people to propose centum (10%) of the registered voters in the province or city,
amendments to the Constitution or to propose and enact of which every legislative district must be represented by at
legislations through an election called for the purpose. least three per centum (3%) of the registered voters therein;
There are three (3) systems of initiative, namely: Provided, however, That if the province or city is composed
a.1 Initiative on the Constitution which refers to a only of one (1) legislative district, then at least each
petition proposing amendments to the Constitution; municipality in a province or each barangay in a city should
a.2. Initiative on statutes which refers to a petition be represented by at least three per centum (3%) of the
proposing to enact a national legislation; and registered voters therein.
a.3. Initiative on local legislation which refers to a (e) A referendum of initiative on an ordinance passed in
petition proposing to enact a regional, provincial, city, a municipality shall be deemed validly initiated if the petition
municipal, or barangay law, resolution or ordinance. therefor is signed by at least ten per centum (10%) of the
(b) "Indirect initiative" is exercise of initiative by the registered voters in the municipality, of which every barangay
people through a proposition sent to Congress or the local is represented by at least three per centum (3%) of the
legislative body for action. registered voters therein.
(c) "Referendum" is the power of the electorate to (f) A referendum or initiative on a barangay resolution
approve or reject a legislation through an election called for or ordinance is deemed validly initiated if signed by at least
the purpose. It may be of two classes, namely: ten per centum (10%) of the registered voters in said
c.1. Referendum on statutes which refers to a petition barangay.
to approve or reject an act or law, or part thereof, passed by Section 6. Special Registration. — The Commission
Congress; and on Election shall set a special registration day at least three
c.2. Referendum on local law which refers to a petition (3) weeks before a scheduled initiative or referendum.
to approve or reject a law, resolution or ordinance enacted by Section 7. Verification of Signatures. — The
regional assemblies and local legislative bodies. Election Registrar shall verify the signatures on the basis of
(d) "Proposition" is the measure proposed by the the registry list of voters, voters' affidavits and voters
voters. identification cards used in the immediately preceding
(e) "Plebiscite" is the electoral process by which an election.
initiative on the Constitution is approved or rejected by the
people. II. — National Initiative and Referendum
(f) "Petition" is the written instrument containing the SECTION 8. Conduct and Date of Initiative or
proposition and the required number of signatories. It shall be Referendum. — The Commission shall call and supervise the
in a form to be determined by and submitted to the conduct of initiative or referendum.
Commission on Elections, hereinafter referred to as the Within a period of thirty (30) days from receipt of the
Commission. petition, the Commission shall, upon determining the
(g) "Local government units" refers to provinces, cities, sufficiency of the petition, publish the same in Filipino and
municipalities and barangays. English at least twice in newspapers of general and local
(h) "Local legislative bodies" refers to the Sangguniang circulation and set the date of the initiative or referendum
Panlalawigan, Sangguniang Panlungsod, Sangguniang Bayan, which shall not be earlier than forty-five (45) days but not
and Sangguniang Nayon. later than ninety (90) days from the determination by the
(i) "Local executives" refers to the Provincial Commission of the sufficiency of the petition.
Governors, City or Municipal Mayors and Punong Barangay, as Section 9. Effectivity of Initiative or Referendum
the case may be. Proposition. — (a) The Proposition of the enactment,
Section 4. Who may exercise. — The power of approval, amendment or rejection of a national law shall be
initiative and referendum may be exercised by all registered submitted to and approved by a majority of the votes cast by
voters of the country, autonomous regions, provinces, cities, all the registered voters of the Philippines.
municipalities and barangays. If, as certified to by the Commission, the proposition is
Section 5. Requirements. — (a) To exercise the approved by a majority of the votes cast, the national law
power of initiative or referendum, at least ten per centum proposed for enactment, approval, or amendment shall
(10%) of the total number of the registered voters, of which become effective fifteen (15) days following completion of its
every legislative district is represented by at least three per publication in the Official Gazette or in a newspaper of general
centum (3%) of the registered voters thereof, shall sign a circulation in the Philippines. If, as certified by the
petition for the purpose and register the same with the Commission, the proposition to reject a national law is
Commission. approved by a majority of the votes cast, the said national law
(b) A petition for an initiative on the 1987 Constitution shall be deemed repealed and the repeal shall become
must have at least twelve per centum (12%) of the total effective fifteen (15) days following the completion of
number of registered voters as signatories, of which every publication of the proposition and the certification by the
legislative district must be represented by at least three per Commission in the Official Gazette or in a newspaper of
centum (3%) of the registered voters therein. Initiative on the general circulation in the Philippines.
Constitution may be exercised only after five (5) years from However, if the majority vote is not obtained, the
the ratification of the 1987 Constitution and only once every national law sought to be rejected or amended shall remain in
five (5) years thereafter. full force and effect.
(c) The petition shall state the following:
(b) The proposition in an initiative on the Constitution provinces and cities, forty-five (45) days in case of
approved by a majority of the votes cast in the plebiscite shall municipalities, and thirty (30) days in case of barangays. The
become effective as to the day of the plebiscite. initiative shall then be held on the date set, after which the
(c) A national or local initiative proposition approved by results thereof shall be certified and proclaimed by the
majority of the votes cast in an election called for the purpose Commission on Elections.
shall become effective fifteen (15) days after certification and Section 14. Effectivity of Local Propositions. — If
proclamation by the Commission. the proposition is approved by a majority of the votes cast, it
Section 10. Prohibited Measures. — The following shall take effect fifteen (15) days after certification by the
cannot be the subject of an initiative or referendum petition: Commission as if affirmative action thereon had been made
(a) No petition embracing more than one (1) subject by the local legislative body and local executive concerned. If
shall be submitted to the electorate; and it fails to obtain said number of votes, the proposition is
(b) Statutes involving emergency measures, the considered defeated.
enactment of which are specifically vested in Congress by the Section 15. Limitations on Local Initiatives. — (a)
Constitution, cannot be subject to referendum until ninety The power of local initiative shall not be exercised more than
(90) days after its effectivity. once a year.
Section 11. Indirect Initiative. — Any duly (b) Initiative shall extend only to subjects or matters
accredited people's organization, as defined by law, may file a which are within the legal powers of the local legislative
petition for indirect initiative with the House of bodies to enact.
Representatives, and other legislative bodies. The petition (c) If at any time before the initiative is held, the local
shall contain a summary of the chief purposes and contents of legislative body shall adopt in toto the proposition presented,
the bill that the organization proposes to be enacted into law the initiative shall be cancelled. However, those against such
by the legislature. action may, if they so desire, apply for initiative in the manner
The procedure to be followed on the initiative bill shall herein provided.
be the same as the enactment of any legislative measure Section 16. Limitations Upon Local Legislative
before the House of Representatives except that the said Bodies. — Any proposition or ordinance or resolution
initiative bill shall have precedence over the pending approved through the system of initiative and referendum as
legislative measures on the committee. herein provided shall not be repealed, modified or amended,
Section 12. Appeal. — The decision of the by the local legislative body concerned within six (6) months
Commission on the findings of the sufficiency or insufficiency from the date therefrom, and may be amended, modified or
of the petition for initiative or referendum may be appealed to repealed by the local legislative body within three (3) years
the Supreme Court within thirty (30) days from notice thereof. thereafter by a vote of three-fourths (3/4) of all its members:
Provided, however, that in case of barangays, the period shall
III. — Local Initiative and Referendum be one (1) year after the expiration of the first six (6) months.
SECTION 13. Procedure in Local Initiative. — (a) Section 17. Local Referendum. — Notwithstanding
Not less than two thousand (2,000) registered voters in case the provisions of Section 4 hereof, any local legislative body
of autonomous regions, one thousand (1,000) in case of may submit to the registered voters of autonomous region,
provinces and cities, one hundred (100) in case of provinces, cities, municipalities and barangays for the
municipalities, and fifty (50) in case of barangays, may file a approval or rejection, any ordinance or resolution duly
petition with the Regional Assembly or local legislative body, enacted or approved.
respectively, proposing the adoption, enactment, repeal, or Said referendum shall be held under the control and
amendment, of any law, ordinance or resolution. direction of the Commission within sixty (60) days in case of
(b) If no favorable action thereon is made by local provinces and cities, forty-five (45) days in case of
legislative body within (30) days from its presentation, the municipalities and thirty (30) days in case of barangays.
proponents through their duly authorized and registered The Commission shall certify and proclaim the results
representative may invoke their power of initiative, giving of the said referendum.
notice thereof to the local legislative body concerned. Section 18. Authority of Courts. — Nothing in this
(c) The proposition shall be numbered serially starting Act shall prevent or preclude the proper courts from declaring
from one (1). The Secretary of Local Government or his null and void any proposition approved pursuant to this Act for
designated representative shall extend assistance in the violation of the Constitution or want of capacity of the local
formulation of the proposition. legislative body to enact the said measure.
(d) Two or more propositions may be submitted in an
initiative. IV. — Final Provisions
(e) Proponents shall have one hundred twenty (120) SECTION 19. Applicability of the Omnibus
days in case of autonomous regions, ninety (90) days in case Election Code. — The Omnibus Election Code and other
of provinces and cities, sixty (60) days in case of election laws, not inconsistent with the provisions of this Act,
municipalities, and thirty (30) days in case of barangays, from shall apply to all initiatives and referenda.
notice mentioned in subsection (b) hereof to collect the Section 20. Rules and Regulations. — The
required number of signatures. Commission is hereby empowered to promulgate such rules
(f) The petition shall be signed before the Election and regulations as may be necessary to carry out the
Registrar, or his designated representative, in the presence of purposes of this Act.
a representative of the proponent, and a representative of the Section 21. Appropriations. — The amount
regional assemblies and local legislative bodies concerned in necessary to defray the cost of the initial implementation of
a public place in the autonomous region or local government this Act shall be charged against the Contingent Fund in the
unit, as the case may be. Signature stations may be General Appropriations Act of the current year. Thereafter,
established in as many places as may be warranted. such sums as may be necessary for the full implementation of
(g) Upon the lapse of the period herein provided, the this Act shall be included in the annual General Appropriations
Commission on Elections, through its office in the local Act.
government unit concerned shall certify as to whether or not Section 22. Separability Clause. — If any part or
the required number of signatures has been obtained. Failure provision of this Act is held invalid or unconstitutional, the
to obtain the required number is a defeat of the proposition. other parts or provisions thereof shall remain valid and
(h) If the required number of the signatures is obtained, effective.
the Commission shall then set a date for the initiative at Section 23. Effectivity. — This Act shall take effect
which the proposition shall be submitted to the registered fifteen (15) days after its publication in a newspaper of
voters in the local government unit concerned for their general circulation.
approval within ninety (90) days from the date of certification Approved: August 4, 1989
by the Commission, as provided in subsection (g) hereof, in
case of autonomous regions, sixty (60) days in case of the
1. The Comelec shall, within fifteen (15) days from the
filing of the petition, certify to the sufficiency of the required
number of signatures. Failure to obtain the required number
of signatures automatically nullifies the petition;
2. If the petition is found to be sufficient in form, the
Comelec or its duly authorized representative shall, within
three (3) days form the issuance of the certification, provide
the official sought to be recalled a copy of the petition, cause
its publication a national newspaper of general circulation and
a newspaper of general circulation in the locality, once a week
for three (3) consecutive weeks at the expense of the
petitioners and at the same time post copies thereof in public
and conspicuous places for a period of not less than ten (10)
days nor more than twenty (20) days, for the purpose of
allowing interested parties to examine and verify the validity
of the petition and the authenticity of the signatures
contained therein.
3. The Comelec or its duly authorized representatives
shall, upon issuance of certification, proceed independently
with the verification and authentication of the signatures of
the petitioners and registered voters contained therein.
Representatives of the petitioners and the official sought to
Republic Act No. 9244 February 19 2004 be recalled shall be duly notified and shall have the right to
participate therein as mere observers. The filing of any
AN ACT ELIMINATING THE PREPARATORY RECALL challenge or protest shall be allowed within the period
ASSEMBLY AS A MODE OF INSTITUTING RECALL OF provided in the immediately preceding paragraph and shall be
ELECTIVE LOCAL GOVERNMENT OFFICIALS, AMENDING ruled upon with finality within fifteen (15) days from the date
FOR THE PURPOSE SECTIONS 70 AND 71, CHAPTER 5, of filing of such protest or challenge;
TITLE ONE, BOOK I OF REPUBLIC ACT NO. 7160, 4. Upon the lapse of the aforesaid period, the Comelec
OTHERWISE KNOWN AS THE "LOCAL GOVERNMENT or its duly authorized representative shall announce the
CODE OF 1991", AND FOR OTHER PURPOSES acceptance of candidates to the positive and thereafter
SECTION 1. Section 70, Chapter 5, Title One, Book I of prepare the list of candidates which shall include the name of
Republic Acts No. 7160, otherwise known as the Local the official sought to be recalled."
Government Code of 1991, is hereby amended to read as SEC. 2. Section 71. Chapter 5, Title One, Book I of the
follows: Republic Act No. 7160, "Local Government Code of 1991", is
"Section 70. Initiation of the Recall Process. - hereby amended to read as follows:
a. The Recall of any elective provincial, city, municipal (1) "SEC. 71. Election on Recall. - Upon the filing of a
or barangay official shall be commenced by a petition of a valid petition for recall with the appropriate local office of the
registered voter in the local government unit concerned and Comelec, the Comelec or its duly authorized representative
supported by the registered voters in the local government shall set the date of the election or recall, which shall not be
unit concerned during the election in which the local official later than thirty (30) days upon the completion of the
sought to be recalled was elected subject to the following procedure outlined in the preceding article, in the case of the
percentage requirements: barangay, city or municipal officials, and forty-five (45) days
1. At least twenty-five percent (25%) in the case of in the case of provincial officials. The officials sought to be
local government units with a voting population of not more recalled shall automatically be considered as duly registered
than twenty thousand (20,000); candidate or candidates to the pertinent positions and, like
2. At least twenty percent (20%) in the case of local other candidates, shall be entitled to be voted upon."
government units with a voting population of at least twenty SEC. 3. All pending petitions for recall initiated through
thousand (20,000) but not more than seventy-five thousand the Preparatory Recall Assembly shall be considered
(75,000): Provided, That in no case shall the required dismissed upon the effectivity of this Act.
petitioners be less than five thousand (5,000); SEC. 4. All laws, presidential decrees, executive
3. At least fifteen percent (15%) in the case of local orders, issuances, and rules and regulations, and parts
government nits with a voting population of at least seventy- thereof, which are inconsistent with the provisions of this Act.
five thousand (75,000) but not more than three hundred Are hereby repealed or modified accordingly.
thousand (300,000): Provided, however, That in no case shall SEC. 5. This Act shall take effect fifteen (15) days after
the required number of petitioners be less than fifteen its publication in the Official Gazette or in at least two 92)
thousand (15,000); and national newspapers of general circulation.
4. At least ten percent (10%) in the case of local
government units with a voting population of over three
hundred thousand (300,000): Provided, however, That in no
case shall the required petitioners be less than forty-five
thousand (45,000).
b. The process of recall shall be effected in accordance
with the following procedure:
1. A written petition for recall duly signed by the
representatives of the petitioners before the election registrar
or his representative, shall be filed with the Comelec through
its office in the local government unit concerned.
2. The petition to recall shall contain the following:
a. The names and addresses of the petitioners written
in legible form and their signatures;
b. The barangay, city or municipality, local legislative
district and the province to which the petitioners belong;
c. The name of the official sought to be recalled; and
d. A brief narration of the reasons and justifications
therefore.