DEFENSOR-SANTIAGO vs. COMELEC (G.R. No.

127325 - March 19, 1997)

Ponente: Davide, Jr.,J.
FACTS:
1. Private respondent Atty. Jesus Delfin filed a petition with the COMELEC to
amend the Constitution to Lift Term Limits of Elective Officials by Peoples
Initiative. The proposed amendment is on the Sec. 4 and 7 of Art. 6, Sec. 4 of Art.
7 and Sec. 8 of Art. 10.
2. The petition was motioned to dismiss since it has not ground cognizable by the
COMELEC after the appearance of Delfin and Atty. Pete Q. Quadra;
representatives of the Peoples Initiative for Reforms, Modernization and Action
(PIRMA); intervenor-oppositor Senator Raul S. Roco, together with his two other
lawyers; and representatives of, or counsel for, the Integrated Bar of the
Philippines (IBP), Demokrasya-Ipagtanggol ang Konstitusyon (DIK), Public
Interest Law Center, and Laban ng Demokratikong Pilipino (LABAN) .
3. Delfin was given five days by the COMELEC to file for opposition but Santiago,
Ongpin and Padilia filed a petition for the prohibition of such civil action for the
reasons: (1) People Initiative can only be implemented by law passed by
Congress; (2) The provision in RA 6375 that states the 3 systems of initiative- the
peoples initiative does not have subtitles meaning that it was still deficient and
still subject to some amendments or discussion for future law and (3) COMELEC
has no power to provide rules and regulation to exercise right of people initiative
to amend Constitutions.
Issues:

Whether or not Sec. 2, Art. XVII of the 1987 in the Constitution is self-executory
with respect to the Peoples Initiative to propose for amendments in certain
provisions in the Constitution
Whether or not the COMELEC under the Resolution 2300 has the power to
enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and recall
Whether or not the Peoples petition to Lift term limits of elective officials can
lead to amendments or revisions in the Constitution

Held

By: Ezra Hilary Ceniza

The petition was granted however the RA 6735 of the Constitution is inadequate
to cover the rules and regulations of Peoples Initiative and does not provide
sufficient standard for subordinate legislation.
The Supreme Court declared the void parts of COMELEC Resolution indicating
rules and regulations on the conduct of initiative or amendments to the
Constitution. The delegation of the power to the COMELEC being invalid, the
latter cannot validly promulgate rules and regulations to implement the
exercise of the right to peoples initiative
The petition to Lift Term Limits of Elective Officials was perceived more of a
revision than an amendment. It was a stated in the Constitution that the Peoples
Initiative is only limited to an amendment in the provisions and not the revision of
the Constitution.
Thus, the Delfin Petition was dismissed and the previously issued TRO by the
Supreme Court was made permanent against the COMELEC but lifted against
private respondents.

By: Ezra Hilary Ceniza