Philippines, national Popular or citizens initiative [PCI] - Initiative to propose amendments to the Constitution.

General Typology

Instrument
Popular or citizens initiative [PCI]
Location
Philippines
Political level
national
Local Name:
Initiative to propose amendments to the Constitution.
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Section 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

Section 32. 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.

Article XVII. Amendments and Revisions
Section 2. 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 votes 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.

References: Constitution of the Phillipines, (accessed September 5, 2018)

Section 5. Requirements
(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. 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.

(c) The petition shall state the following:
c.1. contents or text of the proposed law sought to be enacted, approved or rejected, amended or repealed, as the case may be;
c.2. the proposition;
c.3. the reason or reasons therefor;
c.4. that it is not one of the exceptions provided herein;
c.5. signatures of the petitioners or registered voters; and
c.6. an abstract or summary in not more than one hundred (100) words which shall be legibly written or printed at the top of every page of the petition.

Section 9: Effectivity of Initiative or Referendum Proposition
(a) The Proposition of the enactment, approval, amendment or rejection of a national law shall be submitted to and approved by a majority of the votes cast by all the registered voters of the Philippines.
If, as certified to by the Commission, the proposition is approved by a majority of the votes cast, the national law proposed for enactment, approval, or amendment shall become effective fifteen (15) days following completion of its publication in the Official Gazette or in a newspaper of general circulation in the Philippines. If, as certified by the Commission, the proposition to reject a national law is approved by a majority of the votes cast, the said national law shall be deemed repealed and the repeal shall become effective fifteen (15) days following the completion of publication of the proposition and the certification by the Commission in the Official Gazette or in a newspaper of general circulation in the Philippines.
However, if the majority vote is not obtained, the national law sought to be rejected or amended shall remain in full force and effect.
(b) The proposition in an initiative on the Constitution approved by a majority of the votes cast in the plebiscite shall become effective as to the day of the plebiscite.
(c) A national or local initiative proposition approved by majority of the votes cast in an election called for the purpose shall become effective fifteen (15) days after certification and proclamation by the Commission.

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

Subject Matter:

To initiate an amendment to the Constitution

Actors

Author:
Citizens
Initiator:
Citizens
Decision maker:
Electorate : Section 9. Effectivity of Initiative or Referendum Proposition. (a) The Proposition of the enactment, approval, amendment or rejection of a national law shall be submitted to and approved by a majority of the votes cast by all the registered voters of the Philippines. (..) References: The Initiative and Referendum Act. Republic Act No. 6735, 1989

Requirements

Number Of Signatures:
12% of the electorate
Available Time:
The 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.
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Legal source does not mention special approval quorum
Geographical Quorum:
Collected signatures: Every legislative district must be represented by at least three per centum (3
Excluded Issues:
Other Formal Requirements:

The 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.

Procedural Elements

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

Section 12: Appeal
The decision of the Commission on the findings of the sufficiency or insufficiency of the petition for initiative or referendum may be appealed to the Supreme Court within thirty (30) days from notice thereof.

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

Transparency And Finance:

Practice

Archive:
Remarks:

Supreme Court decided, although with vigorous dissenting opinions, that the law intended to provide the mechanism for people´s initiative is not sufficient.

See: http://jlp-law.com/blog/peoples-initiative-enabling-law-amend-constitution/