Policy and core concepts
- Section 2 affirms that the people may directly propose, enact, approve, or reject, in whole or in part, the Constitution, laws, ordinances, or resolutions passed by any legislative body, upon compliance with the Act.
- Section 3 defines Initiative as the power of the people to:
- propose amendments to the Constitution; or
- propose and enact legislations through an election called for that purpose.
- Section 3 provides three (3) systems of initiative:
- Initiative on the Constitution;
- Initiative on statutes (national legislation); and
- Initiative on local legislation (regional, provincial, city, municipal, or barangay law, resolution, or ordinance).
- Section 3 defines Indirect initiative as the exercise of initiative by sending a proposition to Congress or the local legislative body for action.
- Section 3 defines Referendum as the power of the electorate to approve or reject a legislation through an election called for that purpose, including:
- Referendum on statutes; and
- Referendum on local law.
- Section 3 defines key terms:
- Proposition as the measure proposed by voters.
- Plebiscite as the electoral process by which an initiative on the Constitution is approved or rejected by the people.
- Petition as a written instrument containing the proposition and required signatories, in a form determined by submission to the Commission on Elections.
- Local government units as provinces, cities, municipalities, and barangays.
- Local legislative bodies as the Sangguniang Panlalawigan, Sangguniang Panglungsod, Sangguniang Bayan, and Sangguniang Nayon.
- Local executives as Provincial Governors, City or Municipal Mayors, and Punong Barangay.
Who may initiate and referendum
- Section 4 provides that the power of initiative and referendum may be exercised by all registered voters of the country and by registered voters in autonomous regions, provinces, cities, municipalities, and barangays.
Petition requirements and registration
- Section 5 requires that to exercise initiative or referendum, at least ten per centum (10%) of the total number of registered voters must sign the petition, with at least three per centum (3%) from every legislative district.
- Section 5 imposes special rules for initiative on the 1987 Constitution:
- the petition must have at least twelve per centum (12%) of the total number of registered voters as signatories; and
- every legislative district must be represented by at least three per centum (3%) of registered voters therein.
- Section 5 provides that initiative on the Constitution:
- may be exercised only after five (5) years from ratification of the 1987 Constitution; and
- may be exercised only once every five (5) years thereafter.
- Section 5 requires the petition to state:
- the contents or text of the proposed law sought to be enacted, approved, rejected, amended, or repealed;
- the proposition;
- the reason or reasons;
- that it is not one of the exceptions provided in the Act;
- the signatures of petitioners or registered voters; and
- an abstract or summary proposition of not more than one hundred (100) words placed at the top of every page of the petition, legibly written or printed.
- Section 5 provides validity thresholds by geography for initiatives affecting laws/resolutions/ordinances of subnational bodies:
- for an autonomous region, province, or city law, resolution, or ordinance: petition is valid if signed by at least ten per centum (10%) of registered voters in the province or city, with every legislative district represented by at least three per centum (3%);
- if the province or city is composed of one legislative district, then at least each municipality in a province or each barangay in a city must be represented by at least three per centum (3%) of registered voters therein;
- for a municipal ordinance: valid if petition is signed by at least ten per centum (10%) of registered voters in the municipality with every barangay represented by at least three per centum (3%);
- for a barangay resolution or ordinance: valid if signed by at least ten per centum (10%) of registered voters in the barangay.
- Section 6 requires the Commission on Elections to set a special registration day at least three (3) weeks before a scheduled initiative or referendum.
- Section 7 requires signature verification by the Election Registrar using:
- the registry list of voters;
- voters’ affidavits; and
- voters’ identification cards used in the immediately preceding election.
National initiative and referendum process
- Section 8 requires the Commission on Elections to call and supervise the conduct of an initiative or referendum.
- Section 8 provides a 30-day petition timeline: within thirty (30) days from receipt of the petition, the Commission, upon determining sufficiency, must:
- publish the petition in Filipino and English at least twice in newspapers of general and local circulation; and
- set an election date not earlier than forty-five (45) days and not later than ninety (90) days from the Commission’s determination of sufficiency.
- Section 9 requires a voting threshold for national propositions:
- a national initiative proposition for enactment, approval, amendment, or rejection must be submitted to and approved by a majority of the votes cast by all registered voters of the Philippines.
- Section 9 establishes national effectivity rules:
- If approved by a majority, the proposed national law becomes effective fifteen (15) days following completion of its publication in the Official Gazette or in a newspaper of general circulation in the Philippines.
- If the proposition is to reject a national law and is approved by a majority, the national law is deemed repealed, and the repeal becomes effective fifteen (15) days following completion of publication of the proposition and the Commission’s certification in the Official Gazette or a newspaper of general circulation.
- If the majority vote is not obtained, the national law sought to be rejected or amended remains in full force and effect.
- Section 9 establishes special constitutional initiative effectivity:
- an initiative on the Constitution approved by a majority in the plebiscite becomes effective as to the day of the plebiscite.
- Section 9 provides effectivity for national/local initiative propositions approved in an election called for that purpose: effective fifteen (15) days after certification and proclamation by the Commission.
- Section 10 prohibits certain subjects from being petitioned:
- petitions cannot embrace more than one subject; and
- statutes involving emergency measures whose enactment is specifically vested in Congress by the Constitution cannot be subject to referendum until ninety (90) days after its effectivity.
- Section 11 authorizes indirect initiative:
- any duly accredited people’s organization as defined by law may file a petition with the House of Representatives and other legislative bodies;
- the petition must contain a summary of the chief purposes and contents of the bill the organization proposes to be enacted into law;
- the initiative bill’s procedure follows the same steps as any legislative measure before the House, except the initiative bill has precedence over other pending legislative measures in the committee.
- Section 12 provides judicial review of sufficiency findings:
- decisions of the Commission on sufficiency or insufficiency may be appealed to the Supreme Court within thirty (30) days from notice.
Local initiative and referendum mechanisms
- Section 13 provides when local initiatives may be filed:
- autonomous regions: not less than one thousand (1,000) signatures;
- provinces and cities: not less than one thousand (1,000) registered voters;
- municipalities: not less than one hundred (100) registered voters;
- barangays: not less than fifty (50) registered voters;
- proponents file with the Regional Assembly or the local legislative body, respectively.
- Section 13 provides a local legislative response period:
- if no favorable action is made within thirty (30) days from presentation, proponents may invoke initiative by notice to the local legislative body.
- Section 13 requires proposition numbering and assistance:
- propositions are numbered serially starting from one (1);
- the Secretary of Local Government or designated representative must assist in formulating the proposition.
- Section 13 allows multiple measures:
- two or more propositions may be submitted in an initiative.
- Section 13 sets signature collection periods after notice:
- autonomous regions: one hundred twenty (120) days;
- provinces and cities: ninety (90) days;
- municipalities: sixty (60) days;
- barangays: thirty (30) days.
- Section 13 requires signing rules:
- petition signatures must be made before the Election Registrar (or designated representatives), with presence of a proponent representative and representatives of the concerned regional assemblies and local legislative bodies in a public place;
- signature stations may be established in as many places as warranted.
- Section 13 requires local certification:
- after the collection period, the Commission on Elections through its local office certifies whether the required number of signatures is obtained;
- failure to obtain the required number is a defeat of the proposition.
- Section 13 mandates setting the local election date if signatures are sufficient:
- the Commission sets a date for approval within:
- ninety (90) days from certification for autonomous regions,
- sixty (60) days for provinces and cities,
- forty-five (45) days for municipalities,
- thirty (30) days for barangays.
- results are then certified and proclaimed by the Commission on Elections.
- the Commission sets a date for approval within:
- Section 14 provides local effectivity:
- If approved by a majority of the votes cast, the proposition takes effect fifteen (15) days after certification by the Commission, as if affirmative action was made by the local legislative body and local executive concerned.
- If it fails to obtain the required number of votes, the proposition is considered defeated.
- Section 15 imposes limits on local initiatives:
- the power of local initiative may not be exercised more than once a year;
- local initiative must cover only subjects within the legal powers of local legislative bodies to enact;
- if the local legislative body adopts the proposition in toto before the initiative is held, the initiative is cancelled, and those opposing may apply for initiative following the Act’s procedure.
- Section 16 limits local legislative power over initiated measures:
- a proposition or ordinance/resolution approved through initiative and referendum cannot be repealed, modified, or amended within six (6) months from the date of approval;
- after that, it may be amended, modified, or repealed within three (3) years thereafter only by a vote of three-fourths (3/4) of all its members;
- for barangays, the period is one (1) year after the expiration of the first six (6) months.
- Section 17 provides local referendum authority:
- any local legislative body may submit to registered voters for approval or rejection any ordinance or resolution duly enacted or approved;
- referendum is held under the Commission’s control within:
- sixty (60) days for provinces and cities,
- forty-five (45) days for municipalities,
- thirty (30) days for barangays;
- the Commission must certify and proclaim the results.
- Section 18 preserves judicial authority:
- courts may declare null and void any proposition approved under the Act for violation of the Constitution or for lack of capacity of the local legislative body to enact it.
Election law application, regulations, and funds
- Section 19 applies election rules:
- the Omnibus Election Code and other election laws apply to all initiatives and referenda, so long as they are not inconsistent with the Act.
- Section 20 authorizes implementing rules:
- the Commission may promulgate rules and regulations necessary to carry out the purposes of the Act.
- Section 21 appropriates implementation funding:
- the amount needed to defray the cost of the initial implementation is charged against the Contingent Fund in the General Appropriations Act of the current year;
- subsequent sums necessary for full implementation are included in the annual General Appropriations Act.
Separability and final effectiveness
- Section 22 establishes separability: if any part or provision is held invalid or unconstitutional, the remaining parts remain valid and effective.
- Section 23 sets the effectivity rule: fifteen (15) days after its publication in a newspaper of general circulation.