QuestionsQuestions (Republic Act No. 6735)
RA 6735 is titled the “Initiative and Referendum Act.” It establishes a system by which registered voters may directly propose, enact, approve or reject constitutional amendments, national laws, and local laws/ordinances through initiative and referendum, subject to the requirements of the Act.
Initiative is the power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose. The three systems are: (1) initiative on the Constitution, (2) initiative on statutes, and (3) initiative on local legislation.
Indirect initiative is the exercise of initiative by sending a proposition to Congress or the local legislative body for action rather than directly voting on it by the electorate first.
Referendum is the power of the electorate to approve or reject a legislation through an election called for the purpose. It is classified as: (1) referendum on statutes and (2) referendum on local law.
All registered voters of the country, as well as autonomous regions, provinces, cities, municipalities, and barangays, may exercise the power subject to the applicable requirements.
At least 10% of the total number of registered voters must sign the petition, with every legislative district represented by at least 3% of the registered voters therein.
It requires at least 12% of the total number of registered voters, with each legislative district represented by at least 3%. It may be exercised only after 5 years from the ratification of the 1987 Constitution and only once every 5 years thereafter.
The petition must state: (1) the contents/text of the proposed measure (enact/approve/amend/repeal), (2) the proposition, (3) reasons for it, (4) that it is not one of the exceptions provided, (5) the signatures of petitioners/registered voters, and (6) a summary/abstract proposition of not more than 100 words at the top of every page.
If approved by a majority of votes cast, the national law becomes effective 15 days after completion of its publication in the Official Gazette or in a newspaper of general circulation. For an initiative to reject a law, the law is deemed repealed if the rejection is approved by a majority, and the repeal becomes effective 15 days after publication and certification.
If the majority vote is not obtained, the national law sought to be rejected or amended remains in full force and effect.
Two prohibitions are stated: (1) no petition may embrace more than one subject; and (2) statutes involving emergency measures whose enactment is specifically vested in Congress by the Constitution cannot be subject to referendum until 90 days after their effectivity.
Proponents first file a petition with the local legislative body/regional assembly. If no favorable action is made within 30 days from presentation, proponents may invoke local initiative by giving notice to the concerned local legislative body.
The Commission on Elections sets a special registration day at least 3 weeks before a scheduled initiative or referendum, to facilitate registration requirements for voters involved in the electoral exercise.
A decision of the Commission on the sufficiency/insufficiency of the petition may be appealed to the Supreme Court within 30 days from notice.
Proper courts may declare null and void any proposition approved under the Act for violation of the Constitution or for want of capacity of the local legislative body to enact the measure.
Local initiative shall not be exercised more than once a year, and it may extend only to subjects or matters within the legal powers of local legislative bodies to enact.
A local proposition approved via initiative/referendum shall not be repealed, modified, or amended by the local legislative body within 6 months from the date of approval. It may be amended, modified, or repealed within 3 years thereafter only by a vote of three-fourths of all its members. For barangays, the period is 1 year after the expiration of the first 6 months.