Held
No, the petition should not be granted because the proposed changes constitute a revision, not an amendment, to the 1987 Constitution, and the people's initiative can only be used to propose amendments, not revisions, under Article XVII, Section 2 of the Constitution and as held in Lambino v. Commission on Elections, G.R. No. 174153 (2006).
Explanation
The 1987 Constitution allows amendments or revisions to be proposed either by Congress with a three-fourths vote or by a constitutional convention (Article XVII, Section 1). The people may directly propose amendments through initiative, but this power is limited to amendments only, not revisions (Article XVII, Section 2). The Constitution defines amendments as changes that do not fundamentally alter the structure or principles of the government, while revisions involve radical changes affecting several provisions or the basic structure of government.
The people's initiative requires a petition signed by at least 12% of registered voters nationwide, with at least 3% from every legislative district, and may only be exercised once every five years after the Constitution's ratification (Article XVII, Section 2; Section 5(b) of the Initiative and Referendum Act). The Commission on Elections (COMELEC) supervises the process, including certifying the sufficiency of the petition and calling the plebiscite (Section 8, Initiative and Referendum Act).
In Lambino v. COMELEC, the Supreme Court clarified that a shift from a Bicameral-Presidential system to a Unicameral-Parliamentary system constitutes a revision, not an amendment, because it radically overhauls the separation of powers and the fundamental structure of government. Since the people's initiative can only propose amendments, such a petition is unconstitutional and void.
Application to the facts
The Sha Group's petition seeks to change Sections 1–7 of Article VI and Sections 1–4 of Article VII of the 1987 Constitution, shifting the government from a Bicameral-Presidential to a Unicameral-Parliamentary system. This is a fundamental change affecting the structure and powers of the legislative and executive branches, which the Supreme Court in Lambino held to be a revision, not a mere amendment.
Although the Sha Group alleges compliance with the signature requirements—more than 6.3 million individuals constituting at least 12% of registered voters nationwide and at least 3% from every legislative district—the nature of the proposed change exceeds the scope of what the people's initiative can validly propose. The people's initiative is limited to amendments, and revisions must be undertaken by Congress or a constitutional convention.
Therefore, even if the petition meets the numerical signature requirements, the COMELEC should not grant the petition because the proposed changes constitute a revision, which is beyond the people's initiative's authority.
- a constitutional provision is among the sources and controls over any conflicting statute
"(a) To exercise the power of initiative or referendum, at least ten per centum (10%) of the total number of the registered voters, of which every legislative district is represented by at least three per centum (3%) of the registered voters thereof, shall sign a petition for the purpose and register the same with the Commission. (b) A petition for an initiative on the 1987 Constitution must have at least twelve per centum (12%) of the total number of registered voters as signatories, of which every legislative district must be represented by at least three per centum (3%) of the registered voters therein. Initia…
"The Commission shall call and supervise the conduct of initiative or referendum. Within a period of thirty (30) days from receipt of the petition, the Commission shall, upon determining the sufficiency of the petition, publish the same in Filipino and English at least twice in newspapers of general and local circulation and set the date of the initiative or referendum which shall not be earlier than forty-five (45) days but not later than ninety (90) days from the determination by the Commission of the sufficiency of the petition."
"Any amendment to, or revision of, this Constitution may be proposed by: The Congress, upon a vote of three-fourths of all its Members; or A constitutional convention."
"Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters therein. No amendment under this section shall be authorized within five years following the ratification of this Constitution nor oftener than once every five years thereafter. The Congress shall provide for the implementation of the exercise of this right."
"Any amendment to, or revision of, this Constitution under Section 1 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision. Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the sufficiency of the petition."
"The power of the people under a system of initiative and referendum to directly propose, enact, approve or reject, in whole or in part, the Constitution, laws, ordinances, or resolutions passed by any legislative body upon compliance with the requirements of this Act is hereby affirmed, recognized and guaranteed."
"A petition for an initiative on the 1987 Constitution must have at least twelve per centum (12%) of the total number of registered voters as signatories, of which every legislative district must be represented by at least three per centum (3%) of the registered voters therein. Initiative on the Constitution may be exercised only after five (5) years from the ratification of the 1987 Constitution and only once every five (5) years thereafter."
"The 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 local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof."
Laws retrieved
Everything retrieval surfaced, not only what the answer relied on. Read the ones it quotes.
- Section 1, The 1987 Constitution of the Republic of the Philippines
- Section 2, The 1987 Constitution of the Republic of the Philippines
- Section 4, The 1987 Constitution of the Republic of the Philippines
- Section 2, The Initiative and Referendum Act
- Section 3, The Initiative and Referendum Act
- Section 5, The Initiative and Referendum Act
- Section 8, The Initiative and Referendum Act
- Section 9, The Initiative and Referendum Act
- Section 32, The 1987 Constitution of the Republic of the Philippines
"The present initiative is indisputably located at the far end of the red spectrum where revision begins. The present initiative seeks a radical overhaul of the existing separation of powers among the three co-equal departments of government, requiring far-reaching amendments in several sections and articles of the Constitution. Where the proposed change applies only to a specific provision of the Constitution without affecting any other section or article, the change may generally be considered an amendment and not a revision.
...
Did the people who signed the signature sheets realize that they were adopting the Bangladeshi, Singaporean, Israeli, or New Zealand parliamentary form of government? This drives home the point that the people's initiative is not meant for revisions of the Constitution but only for amendments. A shift from the present Bicameral-Presidential to a Unicameral-Parliamentary system requires harmonizing several provisions in many articles of the Constitution. Revision of the Constitution through a people's initiative will only result in gross absurdities in the Constitution. In sum, there is no doubt whatsoever that the Lambino Group's initiative is a revision and not an amendment.
Thus, the present initiative is void and unconstitutional because it violates Section 2, Article XVII of the Constitution limiting the scope of a people's initiative to '[A]mendments to this Constitution.'" (Lambino v. Commission On Elections, G.R. No. 174153, 2006)
Cases retrieved
Everything retrieval surfaced, not only what the answer relied on. Read the ones it quotes.