Santiago vs COMELEC

270 SCRA 106, MARCH 19, 1997

FACTS:
Private respondent Delfin filed with the COMELEC a Petition to Amend the
Constitution, to Lift Term Limits of Elective Officials, by Peoples amendments to
the Constitution granted under Section 2, Art. XII of the 1987 Constitution. R.A.
6735 and COMELEC Resolution No. 2300. The proposed amendments consist of
the submission of this proposition to the people Do you approve the lifting of
the term limits of all elective officials, amending for the purpose section 4and 7
of Art. VI, Section 4 of Art. VII, and Section of Art. X of the Philippine
Consitution? The COMELEC issued an order directing the publication of the
petition and the notice of hearing and thereafter set the case for hearing. At the
hearing, Senator Raul Roco, the IBP, Demokrasya-Ipagtanggol ang Konstitusyon
(DIK), Public Interest Law Center, and Laban ng Demokratikong Pilipino (LABAN)
appeared as intervenors-oppositors. Senator Roco moved to dismiss the Delfin
Petition on the ground that it is not initiatory party cognizable by the COMELEC.
Petitioners filed a special civil action directing respondents COMELEC and Delfins
Petition to directly propose amendments to the Constitution through the system
of initiative under sec.2 of Art. XVII of the 1987 Constitution. Petitioners raise
the following arguments:
1.The constitutional provision on peoples initiative to amend the
Constitution can only be implemented by law to be passed by Congress. No
such law has been passed.
2.R.A. 6735 failed to provide subtitle initiative on the Constitutions, unlike in
the other modes of initiative. It only provides for the effectivity of the law
after the publication inprint media indicating that the Act covers only laws
and not constitutional amendments because the latter takes effect only
upon ratification and not after publication.
3.COMLEC Resolution No.2300, adopted on January 16, 1991 to govern the
conduct of initiative on the Constitution and initiative and referendum on
national and local laws, is ultra vires insofar as initiative or amendments to
the Constitution are concerned since the COMELEC has no power to provide
rules and regulation for the exercise of the right of initiative to amend the
Constitution. Only the Congress is authorized by the Constitution to pass
the implementing law.
4.The peoples initiative is limited to amendments to the Constitution, to the
revision thereof. Extending or lifting of the term limits constitutes a revision
and is therefore outside the power of the peoples initiative.
5.Finally, Congress has not yet appropriated funds for peoples initiative,
neither the COMELEC nor any other department, agency or office of the
government has realigned funds for the purpose. The Supreme Court gave
due course to this petition and granted the Motions for Intervention filed by
Petitioners-Intervenors DIK, MABINI, IBP, LABAN, and Senator Roco.
ISSUES:
(1) Whether Sec. 2, art. XII of the 1987 Constitution is a self-executing
provision?
(2) Whether R.A. 6735 is a sufficient statutory implementation of the said
constitutional provision?
(3) Whether the COMELEC resolution is valid?
(4) Whether the lifting of term limits of elective national and local officials as
proposed would constitute a revision, or an amendment to the Constitution?

HELD:
(1) NO. Although the mode of amendment which bypasses congressional action,
in the last analysis, it is still dependent on congressional action. While the
Constitution has recognized or granted that right, the people cannot exercise it if
the Congress for whatever reason, does not provide for its implementation.

(2) NO. R.A. 6735 is insufficient and incomplete to fully comply with the power
and duty of the Congress to enact the statutory implementation of sec.2, Art.
XVII of the Constitution. Although said Act intended to include the system of
initiative on amendments to theConstitution, it is deemed inadequate to cover
that system and accordingly provide for a local initiative required for proposing
Constitutional changes.

(3) NO. The COMELEC Resolution insofar as it prescribes rules and regulations on
the conduct of initiative on amendments to the Constitution is void, as expressed
in the Latin maxim Potestas delegate non delegari potest. In every case of
permissible delegation, it must be shown that the delegation itself is valid.

(4) The resolution of this issue is held to be unnecessary, it not academic, as the
proposal to lift the term limits of elective local and national officials is an
amendment to the Constitution and not a revision. Thus, the petition was
granted, and the COMELEC is permanently enjoined from taking cognizance of
any petition for initiative on amendments to the Constitution until a sufficient law
shall have been validly enacted to provide for the implementation of the system.