Facts:
Private respondent
Atty. Jesus Delfin, president of People’s Initiative for Reforms,
Modernization and Action (PIRMA), filed with COMELEC a petition to
amend the constitution to lift the term limits of elective officials,
through People’s Initiative. He based this petition on Article
XVII, Sec. 2 of the 1987 Constitution, which provides for the right
of the people to exercise the power to directly propose
amendments to
the Constitution. Subsequently the COMELEC issued an order directing
the publication of the petition and of the notice of hearing and
thereafter set the case for hearing. At the hearing, Senator Roco,
the IBP, Demokrasya-Ipagtanggol ang Konstitusyon, Public Interest Law
Center, and Laban ng Demokratikong Pilipino appeared as
intervenors-oppositors. Senator Roco filed a motion to dismiss the
Delfin petition on the ground that one which is cognizable by the
COMELEC. The petitioners herein Senator Santiago, Alexander Padilla,
and Isabel Ongpin filed this civil action for prohibition under Rule
65 of the Rules of Court against COMELEC and the Delfin petition
rising the several arguments, such as the following: (1) The
constitutional provision on people’s initiative to amend the
constitution can only be implemented by law to be passed by Congress.
No such law has been passed; (2) The people’s initiative is limited
to amendments to the Constitution, not to revision thereof. Lifting
of the term limits constitutes a revision, therefore it is outside
the power of people’s initiative. The Supreme Court granted the
Motions for Intervention.
Issues:
(1) Whether or not
Sec. 2, Art. XVII of the 1987 Constitution is a self-executing
provision.
(2) Whether or not
COMELEC Resolution No. 2300 regarding the conduct of initiative on
amendments to the Constitution is valid, considering the absence in
the law of specific provisions on the conduct of such initiative.
(3) Whether the
lifting of term limits of elective officials would constitute a
revision or an amendment of the Constitution.
Held:
Sec. 2, Art XVII of
the Constitution is not self executory, thus, without implementing
legislation the same cannot operate. Although the Constitution has
recognized or granted the right, the people cannot exercise it if
Congress does not provide for its implementation.
The portion of
COMELEC Resolution No. 2300 which prescribes rules and regulations on
the conduct of initiative on amendments to the Constitution, is void.
It has been an established rule that what has been delegated, cannot
be delegated (potestas delegata non delegari potest). 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 people’s initiative.
The lifting of the
term limits was held to be that of a revision, as it would affect
other provisions of the Constitution such as the synchronization of
elections, the constitutional guarantee of equal access to
opportunities for public service, and prohibiting political
dynasties. A revision cannot be done by initiative. However,
considering the Court’s decision in the above Issue, the issue of
whether or not the petition is a revision or amendment has become
academic.