DEFENSOR-SANTIAGO vs. COMELEC
(G.R. No. 127325 - March 19, 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. At
the hearing, Senator Roco, the IBP, Demokrasya-
Ipagtanggol ang Konstitusyon, Public Interest
Law Center, and Laban ng Demokratikong
Pilipino appeared as intervenors-oppositors.
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.
Issues: dynasties. A revision cannot be done by initiative.
(1) Whether or not Sec. 2, Art. XVII of However, considering the Court’s decision in the
the 1987 Constitution is a self-executing above Issue, the issue of whether or not the
provision. petition is a revision or amendment has become
academic.
(2) Whether or not COMELEC
Resolution No. 2300 regarding the conduct of
initiative on amendments to the Constitution is
valid, considering the absence in the law of
specific provisions on the conduct of such
initiative.
(3) Whether the lifting of term limits of
elective officials would constitute a revision or an
amendment of the Constitution.
Held:
Sec. 2, Art XVII of the Constitution is not
self executory, thus, without implementing
legislation the same cannot operate. Although the
Constitution has recognized or granted the right,
the people cannot exercise it if Congress does not
provide for its implementation.
The portion of COMELEC Resolution
No. 2300 which prescribes rules and regulations
on the conduct of initiative on amendments to the
Constitution, is void. It has been an established
rule that what has been delegated, cannot be
delegated (potestas delegata non delegari potest).
The delegation of the power to the COMELEC
being invalid, the latter cannot validly
promulgate rules and regulations to implement
the exercise of the right to people’s initiative.
The lifting of the term limits was held to
be that of a revision, as it would affect other
provisions of the Constitution such as the
synchronization of elections, the constitutional
guarantee of equal access to opportunities for
public service, and prohibiting political