4-Defensor-santiago-vs-Comelec-Case-Digest

Amendment to the Constitution

On 6 Dec 1996, Atty. Jesus S. Delfin filed with COMELEC a Petition to Amend the
Constitution to Lift Term Limits of elective Officials by Peoples Initiative The COMELEC
then, upon its approval, a.) set the time and dates for signature gathering all over the country, b.)
caused the necessary publication of the said petition in papers of general circulation, and c.)
instructed local election registrars to assist petitioners and volunteers in establishing signing
stations. On 18 Dec 1996, MD Santiago et al filed a special civil action for prohibition against
the Delfin Petition. Santiago argues that 1.) the constitutional provision on peoples initiative to
amend the constitution can only be implemented by law to be passed by Congress and no such
law has yet been passed by Congress, 2.) RA 6735 indeed provides for three systems of initiative
namely, initiative on the Constitution, on statues and on local legislation. The two latter forms of
initiative were specifically provided for in Subtitles II and III thereof but no provisions were
specifically made for initiatives on the Constitution. This omission indicates that the matter of
peoples initiative to amend the Constitution was left to some future law as pointed out by
former Senator Arturo Tolentino.
ISSUE: Whether or not RA 6735 was intended to include initiative on amendments to the
constitution and if so whether the act, as worded, adequately covers such initiative.
HELD: RA 6735 is intended to include the system of initiative on amendments to the
constitution but is unfortunately inadequate to cover that system. Sec 2 of Article 17 of the
Constitution provides: Amendments to this constitution may likewise be directly proposed by
the people through initiative upon a petition of at least twelve per centum of the total number of
registered voters, of which every legislative district must be represented by at least there per
centum of the registered voters therein. . . The Congress shall provide for the implementation of
the exercise of this right This provision is obviously not self-executory as it needs an enabling
law to be passed by Congress. Joaquin Bernas, a member of the 1986 Con-Con stated without
implementing legislation Section 2, Art 17 cannot operate. Thus, although this mode of
amending the constitution is a mode of amendment which bypasses Congressional action in the
last analysis is still dependent on Congressional action. Bluntly stated, the right of the people to
directly propose amendments to the Constitution through the system of inititative would remain
entombed in the cold niche of the constitution until Congress provides for its implementation.
The people cannot exercise such right, though constitutionally guaranteed, if Congress for
whatever reason does not provide for its implementation.

Note that this ruling has been reversed on November 20, 2006 when ten justices of the SC
ruled that RA 6735 is adequate enough to enable such initiative. HOWEVER, this was a mere
minute resolution which reads in part:
Ten (10) Members of the Court reiterate their position, as shown by their various opinions
already given when the Decision herein was promulgated, that Republic Act No. 6735 is
sufficient and adequate to amend the Constitution thru a peoples initiative.