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Lawyers Shalom and Shanon, together with other individuals (Sha Group), commenced gathering signatures for an initiative petition to change the 1987…

2026 Bar Exam · Political & Public International Law · Question 1 · Essay

The question

Lawyers Shalom and Shanon, together with other individuals (Sha Group), commenced gathering signatures for an initiative petition to change the 1987 Constitution. The Sha Group filed a petition with the COMELEC to hold a plebiscite that will ratify their Initiative Petition. The Initiative Petition seeks among others, to change the 1987 Constitution by modifying Sections 1–7 of Article VI (Legislative Department) and Sections 1–4 of Article VII (Executive Department). The proposed changes will shift the present Bicameral-Presidential system to a Unicameral- Parliamentary form of government. The Sha Group alleged that the Initiative Petition had the support of more than 6.3 million individuals constituting at least twelve per centum (12%) of all registered voters, with each legislative district represented by at least three per centum (3%) of its registered voters. Should the petition be granted? Explain.

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
This is general legal information, not legal advice.