Several citizens, unhappy with the proliferation of families dominating the political

landscape, decided to take matters into their own hands. They proposed
to come up with a people’s initiative defining political dynasties. They
started a signature campaign for the purpose of coming up with a petition
for that purpose. Some others expressed misgivings about a people’s
initiative for the purpose of proposing amendments to the Constitution,
however. They cited the Court’s decision in Santiago v. Commission on
Elections, 270 SCRA 106 (1997), as authority for their position that there
is yet no enabling law for such purpose. On the other hand, there are also
those who claim that the individual votes of the justices in Lambino v.
Commission on Elections, 505 SCRA 160 (2006), mean that Santiago’s
pronouncement has effectively been abandoned. If you were consulted by
those behind the new attempt at a people’s initiative, how would you
advise them? (4%)

SUGGESTED ANSWER:

I shall advise those starting a people’s initiative that initiative to pass a law
defining political dynasties may proceed as their proposal is to enact a law
only and not to amend the constitution. The decision in Santiago v.
Commission on Elections, 270 SCRA 106 [1997], which has not been
reversed, upheld the adequacy of the provisions in Republic Act 6735 on
initiative to enact a law.

ALTERNATIVE ANSWER:

I shall advise those starting a people’s initiative that the ruling in Santiago vs.
Commission on Election that there is as yet no enabling law for an
initiative has not been reversed. According to Section 4(3), Article VIII of
the Constitution, a doctrine of law laid down in a decision rendered by the
Supreme Court en banc may not be reversed except if it is acting en
banc. The majority opinion in Lambino v.Commission on Elections (505
SCRA 160 [2006], refused to re-examine the ruling in Santiago v.
Commission on Elections (270 SCRA 106 [1997], because it was not
necessary for deciding the case. The Justices who voted to reverse the
ruling constituted the minority.

4. The President under a martial law rule or in a revolutionary

government
A. Houses of Congress
1. Senate