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READ ME: dalawa ang petition dito: (1) Delfin Petition and (2) Petition/writ of prohibition.
JUST SO YOU WONT GET CONFUSED. HAPPY READING :*
FACTS:
December 6 1996, a Jesus Delfin (Private respondent) filed, with COMELEC (public respondent)
a “petition to amend constitution, to lift term limits of elective officials, by People’s initiative”
wherein Deflin asked the COMELEC for an order to (1) fix time and date for signature gathering
through out the country, (2) cause the necessary publication, and (3) Instruct Municipal Election
Registrars to assist in establishing signing stations.
Upon the filing of the Delfin Petition, COMELEC, though its chairman, issued an Order directing
Delfin to cause the publication of his petition and notice of hearing, which will be on Dec. 12,
1996, in 3 newspapers of general circulation at his own expense.
The interveners mentioned above were all present. And the same day as the hearing, Senator
Roco (intervener), filed a MOTION TO DISMISS THE DELFIN PETITION on the ground that it is not
the initiatory petition (should include the required number of signatures) properly cognizable
by the COMELEC.
CONSTITUTIONAL ISSUES:
1. Whether Art 17, section 2 of the constitution self-executory (Read Art. 17, section 2 of
the constitution)
2. whether R.A 6735 sufficient enough to be the implementing law of the said provision
(art 17, sec 2 of the constitution)
3. Whether COMMELEC can take cognizance of or has jurisdiction over the Delfin Petition
4. Whether COMMELEC resolution 2300 re: conduct of initiative on the amendments of
the constitution, is valid, considering the absence of provisions/subtitle in RA 6735 re:
initiative amendments to the constitution
HELD:
Bluntly stated, the right of the people to directly propose amendments to the
Constitution through the system of initiative would remain entombed in the cold niche
of the Constitution until Congress provides for its implementation
2. R.A. 6735 is insufficient and incomplete to fully comply with the power and duty of
the Congress to enact the statutory implementation of sec.2, Art 17 of the
Constitution.
Although said Act intended to include the system of initiative on amendments to the
Constitution, it is deemed inadequate to cover and accordingly provide for the initiative
required for proposing Constitutional changes. (The act lacks subtitle (provisions)
regarding the matter)
3. COMELEC has no jurisdiction over the Delfin Petition because the said petition is not
supported by the required minimum number of signatures of registered voters.
COMELEC gravely abused its discretion in refusing to dismiss the Delfin Petition, which
does not contain the required number of signatures. Under Section 2 of Article XVII of
the Constitution and Section 5(b) of R.A. No. 6735, a petition for initiative on the
Constitution must be signed by at least 12% of the total number of registered voters of
which every legislative district is represented by at least 3% of the registered voters
therein. Without the required signatures, the petition cannot be deemed validly
initiated.
Delfin Petition is not the initiatory petition under R.A. No. 6735 and COMELEC
Resolution No. 2300. It cannot be entertained or given cognizance of by the COMELEC.
4. COMELEC cannot validly promulgate rules and regulations to implement the exercise
of the right of the people to directly propose amendments to the Constitution through
the system of initiative. a law where subordinate legislation is authorized SHOULD
satisfy the "completeness" and the "sufficient standard" tests.
Conclusion:
b) DECLARING R.A. No. 6735 inadequate to cover the system of initiative on amendments to the
Constitution, and to have failed to provide sufficient standard for subordinate legislation;
c) DECLARING void those parts of Resolution No. 2300 of the Commission on Elections
prescribing rules and regulations on the conduct of initiative or amendments to the
Constitution; and
d) ORDERING the Commission on Elections to forthwith DISMISS the DELFIN petition (UND-96-
037).
However, the court feels that the system of initiative to propose amendments to the
Constitution should be given flesh and blood, energy and strength. Congress should not delay
any longer in complying with the constitutional mandate to provide for the implementation of
the right of the people under that system.