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.

Manila Prince Hotel vs GSIS (Political Law)

Manila Prince Hotel vs. GSIS

G.R. No. 122156; February 3, 1997

• If a law or contract violates any norm of the Constitution, that law or contract is null and void, and without any force and effect.

• Since the Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract.

• Provisions of the Constitution are presumed to be self-executing unless it is expressly provided that a legislative act is necessary to enforce a constitutional mandate.

• A constitutional provision is self-executing if the nature and extent of the right conferred and the liability imposed are fixed by the Constitution itself, so that they can be determined by an examination of its terms, and there is no language indicating that the subject is referred to the legislature for action.