Colegio de San Juan de Letran

COLLEGE OF LIBERAL ARTS AND SCIENCES

151 Muralla Street, Intramuros,
Manila 1002
1st Semester, AY 2021-2022

Name: Aquino, Maria Elena S.

Section: LM-2A LAS 205

Lambino v. COMELEC
G.R. No. 174153, Oct. 25, 2006
Facts:

- On 25 August 2006, Lambino et al documented an appeal with the COMELEC to hold a

plebiscite ratify their initiative petition to change the 1987 Constitution under Section 5 and 2

and Section 73 of Republic Act No. 6735 or the Initiative and Referendum Act. The Lambino

Group affirmed that their appeal had the help of 6,327,952 people establishing something like

twelve for every centum (12%) of every registered citizen, with each legislative administrative

addressed by no less than three for each centum (3%) of its enlisted voters. The Lambino Group

additionally guaranteed that COMELEC election registrars had confirmed the marks of the 6.3

million people. Also, on August 30, 2006, the Lambino Group filed an Amended Petition with

the COMELEC demonstrating changes in the proposed Article XVIII (Transitory Provisions) of

their initiative.
 Colegio de San Juan de Letran
COLLEGE OF LIBERAL ARTS AND SCIENCES
151 Muralla Street, Intramuros,
Manila 1002
1st Semester, AY 2021-2022

Issues:

Whether or not the proposed changes constitute an amendment or revision Whether or not the

initiative petition is sufficient compliance with the constitutional requirement on direct proposal

by the people.

Rulings:

There is no merit to the petition. The Initiative Petition does not comply with Section 2, Article

XVII of the Constitution on Direct Proposal by the People. Clearly, the framers of the

Constitution intended that the "draft of the proposed constitutional amendment" should be "ready

and shown" to the people "before" they sign such proposal. While this provision does not

expressly state that the petition should present the full message of the proposed changes, the

deliberations of the makers of our Constitution plainly show that: (a) intended to adopt relevant

American jurisprudence on people’s initiative; and (b) specifically, individuals should initially

see the full message of the proposed alterations before they sign, and that individuals should

sign on an appeal containing such full message. The substance of revisions “directly proposed

by the people through initiative upon a petition” is that the whole proposition all over is a request

by the people. This implies two fundamental components should be present. 2 elements of

initiative 1. First, the people must author and subsequently sign the whole proposition. No

specialist or agent can sign on their behalf. 2. Second, as an initiative upon a petition, the

proposition should be epitomized in an appeal.

 Colegio de San Juan de Letran
COLLEGE OF LIBERAL ARTS AND SCIENCES
151 Muralla Street, Intramuros,
Manila 1002
1st Semester, AY 2021-2022

1. How do you determine whether a proposed change is an amendment or a revision?

Amendment vs. Revision Courts have long recognized the distinction between an amendment

and a revision of a constitution. Revision is if the change modifies the generous sum of the

constitution, as when the change affects substantial arrangements of the constitution. Moreover,

amendment extensively alludes to a change that adds, decreases, or delete without altering the

principle involved. Revision generally affects several provisions of the constitution, while

amendment generally affects only the specific provision being amended. Thus, The COMELEC

then denied the petition citing Santiago v. COMELEC declaring RA 6735 inadequate to

implement the initiative clause on proposals to amend the Constitution.

 Colegio de San Juan de Letran
COLLEGE OF LIBERAL ARTS AND SCIENCES
151 Muralla Street, Intramuros,
Manila 1002
1st Semester, AY 2021-2022

Defensor-Santiago v. COMELEC

G.R. No. 127325, Mar. 19, 1997

Facts:

Private respondent filed the COMELEC a "Request to Amend the Constitution, to Lift Term

Limits of Elective Officials, by People's Initiative" wherein Delfin asked the COMELEC for an

order (1) Fixing the time and dates for signature assembling around the nation; (2) Causing the

important distributions of said Order and the connected "Appeal for Initiative on the 1987

Constitution, in newspapers of general and local circulation; and (3) Instructing Municipal

Election Registrars in all Regions of the Philippines, to help Petitioners and volunteers, in

building up marking stations at that point and on the dates assigned for the purpose. Delfin

stated that R.A. No. 6735 administers the lead of drive to correct the Constitution and

COMELEC Resolution No. 2300 is a legitimate exercise of delegated power. Petitioners contend

that R.A. No. 6375 neglected to be an empowering law on account of its lack and insufficiency,

and COMELEC Resolution No. 2300 is void.

Issues:

Whether or not the people can directly propose amendments to the Constitution through the

system of initiative under Section 2 of Article XVII of the 1987 Constitution.

 Colegio de San Juan de Letran
COLLEGE OF LIBERAL ARTS AND SCIENCES
151 Muralla Street, Intramuros,
Manila 1002
1st Semester, AY 2021-2022

Rulings:

No, insofar as initiative to propose amendments to the Constitution is concerned, R.A. No. 6735

miserably failed to satisfy both requirements in subordinate legislation. The prominent quiet in

titles just implies that the central purpose of the Act is initiative and referendum on national and

local laws. The facts stated in Section 3 of the Act defines initiative on amendments to the

Constitution and mentions it as one of the three frameworks of initiative, and that Section 5

restates the constitutional requirements concerning the level of the percentage of registered

citizens who must present the proposition. But the Act does not provide for the contents of a

petition for initiative on the Constitution. According to Section 5, paragraph (c) requires, among

other things, statement of the proposed law sought to be enacted, approved, or rejected,

amended, or repealed. It does not include, as among the contents of the petition, the provisions

of the Constitution sought to be amended, in the case of initiative on the Constitution.

Can the Constitution be amended or revised directly by the people through the initiative under
R.A. 6735?
R.A. No. 6735 failed to provide sufficient standard for subordinate legislation. Provisions

COMELEC Resolution No. 2300 prescribing rules and regulations on the conduct of initiative or

amendments to the Constitution are declared void.