D. Direct Legislation – Initiative and Referendum (RA 6735)

A. Legislative power

• Scope and Limitations
• Principle of Non-delegability; Exceptions
• Initiative and Referendum

Ratification of Proposal if made through People’s Initiative

• Valid when ratified by a majority of votes cast in a plebiscite.
• Plebiscite is held not earlier than 60 days nor later than 90 days after the certification by COMELEC of the petition's sufficiency.

Scope of Suffrage

• Referendum - power of the electorate to approve or reject legislation through an election called for the purpose.
• Recall - it is the termination of official relationship of a local elective official for loss of confidence prior to the expiration of his term through the will of the electorate.
• Initiative - it is the power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose. It is the people power feature of the Constitution.
• Plebiscite - it is the electoral process by which an initiative on the Constitution is approved or rejected by the people. It is also the means by which the voters in affected areas consent or object to the change in the form of local government.
• Election - it is the choice or selection of candidates to public office by popular vote through the use of the ballot. Specifically, it may refer to the conduct of the polls, including the listing of voters, the holding of the electoral campaign and the casting and counting of ballots and canvassing of returns.

Local Initiative and Referendum

Local Initiative - The legal process whereby the registered voters of a LGU may directly propose, enact, or amend any ordinance. It may be exercised by all registered voters of the provinces, cities, municipalities, and barangays.

A resolution can also be the proper subject of a local initiative. (SBMA v. COMELEC, G.R. 25416, 1996). Citation requires verification: G.R. 25416 differs from Subic Bay Metropolitan Authority v. COMELEC, G.R. No. 125416, September 26, 1996.

Updated: COMELEC may review a local initiative petition and reject a proposal patently beyond the concerned sanggunian’s legislative powers (Marmeto v. COMELEC, G.R. No. 213953, 26 September 2017).

Procedure for local initiative:

• Number of voters who should file petition with Sanggunian concerned:
• Provinces and cities - at least 1000 registered voters
• Municipality - at least 100 registered voters
• Barangay - at least 50 registered voters
• Sanggunian concerned has 30 days to act on the petition. If the Sanggunian does not take any favorable action, the proponents may invoke the power of initiative, giving notice to Sanggunian.
• Proponents will have the following number of days to collect required number of signature
• Provinces and cities - 90 days
• Municipalities - 60 days
• Barangays - 30 days
• Signing of petition
• Date for initiative set by COMELEC if required number of signatures has been obtained.

Updated: COMELEC may review the sufficiency of a local initiative petition, including whether its proposal is within the concerned sanggunian’s legislative powers (Marmeto, G.R. No. 213953, 26 September 2017).

Effectivity of proposition

• If a proposition is approved by a majority of the votes cast, it will take effect 15 days after certification by the COMELEC as if the Sanggunian and the local chief executive had taken affirmative action.
• If it fails to obtain the required number of votes, it is considered defeated.

Limits on propositions:

• It should not be exercised more than once a year.
• It can only extend to subjects or matters which are within the legal powers of the Sanggunian to enact.
• If the sanggunian adopts in toto the proposition presented and the local chief executive approves the same, the initiative shall be cancelled.

Limits upon Sanggunians

• The Sanggunian cannot repeal, modify or amend any proposition or ordinance approved through a system of initiative/referendum within 6 months from the date of approval thereof.
• The Sanggunian can amend, modify or repeal the proposition/ordinance within 3 years thereafter by a vote of ¾ of all its members.
• For Barangays, the applicable period is 18 months.

Referendum - The legal process whereby the registered voters of the local government units may approve, amend or reject any ordinance enacted by the Sanggunian.

The proper courts can still declare void any proposition adopted pursuant to initiative or referendum on the following grounds:

• Violation of the Constitution
• Want of capacity of the Sanggunian concerned to enact the measure

Updated: COMELEC may review a proposed local initiative for sufficiency and for whether the measure falls within the sanggunian’s legislative power, while courts may review approved propositions (Marmeto v. COMELEC, G.R. No. 213953, 26 September 2017).