A CASE DIGEST

LAMBINO GROUP VS. COMELEC

G.R. No. 174153
October 25, 2006

FACTS:
The Petitioners (Lambino Group) commenced gathering signatures for an
initiative petition to change the 1987 and filed it before the COMELEC to hold a
plebiscite that will ratify their initiative petition under the Republic Act No.
6735 or the Initiative and Referendum Act. The petition initiative aimed to modify
section 1-7, Article VI (legislative department) and sections 1-4 Article VII
(Executive Department) and by adding Article XVIII entitled “Transitory
Provision”. Their proposed changes will shift the present Bicameral-Presidential
system to a unicameral-parliamentary form of government.

ISSUES:
Whether the Lambino Group’s initiative petition complies with Section 2,
Article XVII of the Constitution on amendments to the Constitution through a
people’s initiative;

RULING:
No. The Lambino Group failed to comply with the basic requirements of the
Constitution under Section 2, Article XVII of the Constitution for conducting
people’s initiative. They failed to show the full text of the proposed changes to
the 6.3 million signatories which renders the initiative void for non-compliance of
the constitutional requirement by people’s initiative.
The initiative violates Section 2, Article XVII of the Constitution
disallowing Revisions through initiatives. The subject section clearly stated,
“Amendments to this Constitution may likewise be directly proposed by the people
through initiative x x x. (Emphasis supplied) “. The intent and language of the
Constitution clearly withhold from the people the power to propose revisions to the
Constitution, the people cannot propose revisions even as they are empowered to
propose amendments. The propose changes of the Lambino Group to shift from the
present Bicameral-Presidential system to a Unicameral-Parliamentary system is a
revision of the Constitution.
Petition was dismissed by the Supreme Court.