Title
Initiative and Referendum Act
Law
Republic Act No. 6735
Decision Date
Aug 4, 1989
The Initiative and Referendum Act grants the power to the people of the Philippines to propose, enact, approve, or reject laws through initiative and referendum, with specific guidelines and procedures outlined for both national and local initiatives and referenda.

Law Summary

Definitions and Scope of Initiative and Referendum

  • Initiative: People's power to propose any constitutional amendment, national, or local legislation through elections.
    • Three systems: constitutional initiatives, statutory initiatives (national laws), and local legislation initiatives.
  • Indirect initiative: Proposal sent to Congress or local legislative bodies instead of direct election.
  • Referendum: People's power to approve or reject laws via election; classified into referenda on statutes and local laws.
  • Other definitions include proposition (measure), plebiscite (approval process for constitutional initiatives), petition (document with signatures), local government units, local legislative bodies, and local executives.

Who May Exercise Initiative and Referendum

  • All registered voters at all governmental levels may exercise these powers.

Petition Requirements

  • At least 10% of registered voters must sign petitions for initiatives or referenda; with minimum 3% representation from each legislative district.
  • For constitutional initiatives, 12% of total registered voters with 3% from each district; can only be exercised five years after the Constitution's ratification and then once every five years.
  • Petition contents must include:
    • The full text of the proposed law or amendment.
    • The proposition itself.
    • Reasons for the proposition.
    • Statement excluding exceptions.
    • Signatories' names.
    • An abstract or summary of not more than 100 words.
  • Additional specific signature distribution requirements for autonomous regions, provinces, cities, municipalities, and barangays.

Special Registration and Verification

  • A special registration day must be set 3 weeks before elections for initiatives or referenda.
  • Election Registrar verifies signatures against official voter registries and identification.

Conduct and Scheduling of National Initiative or Referendum

  • The Commission on Elections (COMELEC) supervises the process.
  • Upon petition sufficiency confirmation, the petition is published twice in newspapers, and voting is scheduled between 45 and 90 days afterward.

Effectivity of Approved Propositions

  • National initiatives or referenda require majority approval by registered voters.
  • When approved, enacted or repealed laws become effective 15 days after official publication.
  • Constitutional initiatives approved through plebiscite take effect immediately on plebiscite day.
  • Local initiatives effective 15 days after certification.

Prohibited Measures

  • Petitions must be single-subject only.
  • Emergency statutes vested exclusively in Congress cannot be subject to referendum for 90 days post-effectivity.

Indirect Initiative

  • Accredited people’s organizations may file petitions with legislative bodies for direct consideration.
  • Initiative bills have procedural precedence in committee deliberations.

Appeals

  • Decisions by COMELEC on petition sufficiency can be appealed to the Supreme Court within 30 days.

Local Initiative Procedures

  • Minimum number of registered voters required to initiate:
    • Autonomous regions: 2,000
    • Provinces/cities: 1,000
    • Municipalities: 100
    • Barangays: 50
  • Local legislative body has 30 days to act on petitions.
  • If no action, proponents may proceed with initiative, collecting signatures within specified timeframes.
  • Signatures must be secured publicly under supervision.
  • COMELEC certifies sufficiency and sets election dates accordingly.

Effectivity of Local Propositions

  • Must be approved by majority votes.
  • Takes effect 15 days after certification as if passed by local bodies.

Limitations on Local Initiatives and Legislative Bodies

  • Local initiatives allowed only once per year.
  • Limited to subjects within local legislative powers.
  • If local legislative body adopts the proposition in full before initiative, the initiative is canceled.
  • Amending or repealing a measure passed via initiative is restricted: no changes for 6 months, thereafter requires 3/4 vote within 3 years (1-year period for barangays).

Local Referendum

  • Local legislative bodies may submit ordinances or resolutions for approval or rejection by registered voters.
  • COMELEC supervises and certifies results within specified time limits depending on local government unit.

Judicial Authority

  • Courts can declare null and void any initiative or referendum proposition violating the Constitution or beyond local legislative power.

Applicability of Election Laws

  • The Omnibus Election Code and other election laws apply unless inconsistent with this Act.

Rulemaking and Appropriations

  • COMELEC empowered to promulgate necessary rules and regulations.
  • Initial cost charged to Contingent Fund; subsequent costs included in General Appropriations.

Separability and Effectivity

  • Invalidity of any provision does not affect the remaining provisions.
  • The Act takes effect 15 days after publication in a general circulation newspaper.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.