SANTIAGO vs. COMELEC, GR No.

127325, 1997-03-19

FACTS:
• Delfin alleged in petition, a copy of “Petition for Initiative on the 1987 Constitution
embodying the proposed amendments which consists of the deletion or lifting of the
term limits of all elective government officials, amending Sections 4 and 7 of Article VI,
Section 4 of Article VII, and Section 8 of Article X of the 1987 Philippines Constitution?

• According to Delfin, the petition for Initiative will be first submitted to the people, after
which if it is signed by at least 12 percent of the total number of registered voters in the
country, it will be formally filed with the COMELEC.

• Petitioners Santiago, Padilla, Ongpin, filed a special civil action for prohibition raising
the following arguments:

(1) Constitutional provision on peoples initiative to amend the Constitution can

only be implemented by law to be passed by Congress wherein no law has
been passed;
(2) R.A. 6735 provides three systems of initiative, initiative on Constitution,
statutes, and local laws. But no subtitle on initiative on the Constitution, unlike
the other modes of initiative which means the deliberate omission on the
matter of people’s initiative to amend Constitution needs some future law to
execute it.
(3) People’s initiative is limited to amendments to the Constitution but not on the
revision. Lifting the term limits is a revision of the Constitution and is
therefore, not included in the power of the people’s initiative.

ISSUES:

• WON R.A. 6735 was intended to include initiative on amendments to the Constitution
• WON portion of COMELEC Resolution No. 2300 regarding the conduct of initiative on
amendments to the Constitution is valid as there is no law of specific provision on the
conduct of such initiative.
• WON the lifting or term limits of elective national and local officials constitute a revision
of or amendment to the Constitution.

RULING:

• First issue: Provision is not self-executory because without implementing legislation,

Section 2 of Article XVII cannot operate. The right of the people to directly propose
amendments to the Constitution through initiative would remain in the discretion of the
implementation of Congress.

• Second issue: 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 initiative.
• Third issue: Issue on the proposal to lift the term limits of the elective national and
local officials is unnecessary, if not academic.

Principles:
Section 2 of Article XVII of the Constitution is not self-executory because without
implementing laws, Section 2 cannot operate. This mode of amending the Constitution
is a mode of amendment which bypasses congressional action, and is still dependent
on congressional action.