On the people's right to initiative (Political Law)

Legislative power is lodged in the Legislative Department. Local government units may exercise such power only thru a delegation from the Congress. However, the exception to this is the expressed reservation in favor of the people, found in Art. VI, Sec. 1 of the 1987 Constitution. This refers to the people's right to initiative.

Art. VI, Sec. 32 - Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or legislative body after the registration of a petition therefor signed by at least 10 per centum of the total number of registered voters , of which every legislative district must be represented by at least 3 per centum of the registered voters thereof.

Considering that the above-cited provision directs the Congress to enact a law for the creation of a system of initiative and referendum, such provision is not self-executing. Consequently, Congress indeed enacted a law - Republic Act No. 6735 or the People's Initiative and Referendum Act.

In Santiago vs COMELEC, RA 6735 was declared to have failed to provide a procedure to enable the non self-executing provision of Art. XVII, Sec.2 of the Constitution. The said statute only refers to amendments of national and local legislations. Hence, the right of the people to propose amendments of the Constitution still remains non self-executing.


The Lambino Case's main thrust is the difference between a revision and an amendment of the Constitution. There is no need to revisit the ruling in Santiago vs COMELEC.