Philippines, local Popular or citizens initiative [PCI] - Initiative to propose and enact legislations through an election called for the purpose

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Philippines
Political level
local
Local Name:
Initiative to propose and enact legislations through an election called for the purpose
Normative Level:
statutory
Legally Binding:
yes
Legally Defined:

d) A referendum or initiative affecting a law, resolution or ordinance passed by the legislative assembly of an autonomous region, province or city is deemed validly initiated if the petition thereof is signed by at least ten per centum (10%) of the registered voters in the province or city, of which every legislative district must be represented by at least three per centum (3%) of the registered voters therein; Provided, however, That if the province or city is composed only of one (1) legislative district, then at least each municipality in a province or each barangay in a city should be represented by at least three per centum (3%) of the registered voters therein.
(e) A referendum of initiative on an ordinance passed in a municipality shall be deemed validly initiated if the petition therefor is signed by at least ten per centum (10%) of the registered voters in the municipality, of which every barangay is represented by at least three per centum (3%) of the registered voters therein.
(f) A referendum or initiative on a barangay resolution or ordinance is deemed validly initiated if signed by at least ten per centum (10%) of the registered voters in said barangay.

III. Local Initiative and Referendum
SECTION 13. Procedure in Local Initiative.
(a) Not less than two thousand (2,000) registered voters in case of autonomous regions, one thousand (1,000) in case of provinces and cities, one hundred (100) in case of municipalities, and fifty (50) in case of barangays, may file a petition with the Regional Assembly or local legislative body, respectively, proposing the adoption, enactment, repeal, or amendment, of any law, ordinance or resolution.
(b) If no favorable action thereon is made by local legislative body within (30) days from its presentation, the proponents through their duly authorized and registered representative may invoke their power of initiative, giving notice thereof to the local legislative body concerned.
(c) The proposition shall be numbered serially starting from one (1). The Secretary of Local Government or his designated representative shall extend assistance in the formulation of the proposition.
(d) Two or more propositions may be submitted in an initiative.
(e) Proponents shall have one hundred twenty (120) days in case of autonomous regions, ninety (90) days in case of provinces and cities, sixty (60) days in case of municipalities, and thirty (30) days in case of barangays, from notice mentioned in subsection (b) hereof to collect the required number of signatures.
(f) The petition shall be signed before the Election Registrar, or his designated representative, in the presenceof a representative of the proponent, and a representative of the regional assemblies and local legislative bodies concerned in a public place in the autonomous region or local government unit, as the case may be. Signature stations may be established in as many places as may be warranted.
(g) Upon the lapse of the period herein provided, the Commission on Elections, through its office in the local government unit concerned shall certify as to whether or not the required number of signatures has been
obtained. Failure to obtain the required number is a defeat of the proposition.
(h) If the required number of the signatures is obtained, the Commission shall then set a date for the initiative at which the proposition shall be submitted to the registered voters in the local government unit concerned for their approval within ninety (90) days from the date of certification by the Commission, as provided in subsection (g) hereof, in case of autonomous regions, sixty (60) days in case of the provinces and cities, forty-five (45) days in case of municipalities, and thirty (30) days in case of barangays. The initiative shall then be held on the date set, after which the results thereof shall be certified and proclaimed by the Commission on Elections.

References: The Initiative and Referendum Act. Republic Act No. 6735, 1989 (accessed September 5, 2018)

Subject Matter:

To initiate regional/local legislation

Actors

Author:
Citicens
Initiator:
Citizens
Decision maker:
Electorate

Requirements

Number Of Signatures:
10% of electorate
Available Time:
90/60/30 days
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Legal source does not mention special approval quorum
Geographical Quorum:
Number of signatures: Autonomous region, province or city: is represented by at least three per centum (3%) of the registered voters
Excluded Issues:

Section 15. Limitations on Local Initiatives. €”
(a) The power of local initiative shall not be exercised more than once a year.
(b) Initiative shall extend only to subjects or matters which are within the legal powers of the local legislative bodies to enact.
(c) If at any time before the initiative is held, the local legislative body shall adopt in toto the proposition presented, the initiative shall be cancelled. However, those against such action may, if they so desire, apply for initiative in the manner herein provided.

References: The Initiative and Referendum Act. Republic Act No. 6735, 1989

Other Formal Requirements:

Procedural Elements

Collection Mode:
Specify Collection Mode:
Wording Of Ballot Question:
Interaction With Authorities:
Supervision And Support:
Transparency And Finance:

Practice

Archive:
Remarks:

Available time for collecting signatures depends on the administrative division (see above).