Defensor-Santiago vs COMELEC

GR 127325
March 19, 1997

FACTS:
In 1996, Atty Delfin filed with COMELEC a “Petition to Amend the Constitution, to Lift
Term Limits of Elective Officials, by People’s Initiative” (Delfin Petition) asking
COMELEC for an order
1. Fixing the time and dates for signature gathering all over the country;
2. Causing the necessary publications of said Order and attached “Petition for
Initiative on the 1987 Constitution, in newspapers of general and local
circulation”;
3. Instructing Municipal Election Registrars in all Regions of the Philippines, to
assist Petitioners and volunteers, in establishing signing stations at the time and
on the dates designated for the purpose.
He alleged in his petition that he and other volunteers intend to exercise the power to
directly propose amendments to the Constitution.

COMELEC subsequently issued resolution directing Atty Delfin to cause publication of

the petition and notice of hearing in three daily newspapers of general circulation at his
own expense.

Senator Defensor-Santiago and the other 2 petitioners filed this special action for
prohibition raising, among others, the following arguments:
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; in fact, Senate Bill 1290 entitled “An Act Prescribing and Regulating
Constitution Amendments by People’s Initiative”, which Senator Santiago filed, is
still pending.
2. While it is true that RA 6735 (An Act Providing for a System of Initiative and
Referendum and Appropriating Funds Therefor) provides for three systems of
initiative, namely, on the Constitution, on statutes, and on local legislation, it
failed to provide any subtitle on initiative on the Constitution. This deliberate
omission indicates that the matter of people’s initiative to amend the Constitution
was left some future law.
3. The people’s initiative is limited to amendments to the Constitution, not to
revision thereof. Extending or lifting of term limits constitutes a revision and is,
therefore, outside the power of people’s initiative.

It should be noted that to amend a Constitution would ordinarily require a proposal by

the Congress by a vote of three-fourths and a call for a constitutional convention
requiring a higher number.
ISSUES:

(1) Whether or not Sec. 2, Art XVII of the 1987 Constitution is a self - executing
provision.

(2) Whether or not RA 6735 was intended to cover initiative on amendments to the
Constitution and whether the COMELEC resolution 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:
Section 2 of Article XVII of the Constitution provides that amendments to the
Constitution may likewise be directly proposed by the people through initiative. The
provision, however, is not self-executory. Without an implementing legislation, Section 2
cannot operate. Although this mode of amendment bypasses congressional action, the
last analysis is still dependent on congressional action.

RA 6735 is not the implementing legislation as alleged because it was not meant to
include initiative on amendments to the Constitution. It is inadequate and cannot be
cured by empowering the COMELEC to promulgate rules and regulations necessary to
carry out the purposes of the Act. What has been delegated cannot be delegated
except:
a. Delegation of tariff powers to the President
b. Delegation of emergency powers to the President
c. Delegation to the people at large
d. Delegation to local governments
e. Delegation to administrative bodies
To constitute a valid delegation of legislative power to administrative bodies like the
COMELEC, the law should have a sufficient standard.

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
dynasties. A revision cannot be done by initiative.