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- When approved, enacted or repealed laws become effective 15 days after official publication.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.