ETHICS: The Initiative and Referendum Act

Republic Act No. 6735

• “An Act Providing for a System of Initiative and Referendum and Appropriating Funds Therefor.”

• Initiative and Referendum Act

Section 2 — Statement of Policy
Propose
Enact
Approve
Reject
Constitution
Laws
Ordinances
Resolutions

• The Act recognizes, affirms, and guarantees the people’s power to directly:

  • P_

  • E_

  • A_

  • R_

• This power may apply to:

  • C_

  • L_

  • O_

  • R_`

• The people must comply with the requirements of the Act.

Initiative

• The power of the people to propose:

  • Amendments to the Constitution, or

  • Legislation

• Done through an election called for that purpose.

Initiative on the Constitution
Initiative on statutes
Initiative on local legislation

Three Types of Initiative: (C S L)

Initiative on the Constitution

• Petition proposing amendments to the Constitution.

Initiative on statutes

• Petition proposing to enact a national law.

Initiative on local legislation

• Petition proposing to enact a:

  • Regional law

  • Provincial law

  • City law

  • Municipal law

  • Barangay law

  • Resolution

  • Ordinance.

Indirect Initiative

• People exercise initiative through a proposition sent to Congress or a local legislative body for action

Referendum
Statutes
Local Law

• The power of the electorate to approve or reject legislation through an election.

• Two classes:

  • Referendum on _

  • Referendum on _

Referendum on statutes

• Approve or reject an act/law, or part of it, passed by Congress.

Referendum on local law

• Approve or reject a law, resolution, or ordinance enacted by regional assemblies or local legislative bodies.

Proposition

• The measure proposed by the voters.

Plebiscite

• The electoral process through which an initiative on the Constitution is approved or rejected by the people.

Petition

• A written instrument containing:

  • The proposition

  • Required number of signatories

• Submitted to the Commission on Elections (COMELEC).

SECTION 5 — SIGNATURE REQUIREMENTS
10%
3%
12%
3%

• At least _ of the total registered voters must sign.

• Every legislative district must be represented by at least _ of its registered voters.

• Constitution Initiative

  • Requires at least _ of all registered voters.

  • Every legislative district must have at least _ representation.

  • Only once in 5 years thereafter.

• Text/content of the proposed law or measure

• The proposition

• The reason or reasons

• Statement that it is not one of the prohibited exceptions

• Signatures of petitioners/registered voters

• An abstract or summary of not more than 100 words

  • Must be legibly written or printed

  • Must appear at the top of every page.

WHAT MUST A PETITION CONTAIN?

Initiative = propose.

Referendum = approve/reject

What is the difference between initiative and referendum?

Local government units

• refers to provinces, cities, municipalities and

  barangays.

Local legislative bodies

• refers to the:

  • Sangguniang Panlalawigan,

  • Sangguniang Panlungsod

  • Sangguniang Bayan and

  • Sangguniang Nayon.

"Local executives"

• refers to the Provincial Governors, City or Municipal Mayors and Punong Barangay, as the case may be.

100 words

• Maximum petition summary

Once a year

• How often may local initiative be exercised?

Yes, for constitutional violations or lack of legal capacity of the local legislative body.

Can courts invalidate an approved initiative?