MANILA — The Consultative Committee (Concom) tasked by President Rodrigo R. Duterte to review the 1987 Constitution wants to give people the power to amend or revise the Constitution under its proposed federal charter.
This is among the proposed provisions approved by the subcommittee on Political Reforms and Leveling the Political Field. It will be submitted to the en banc for final voting next week, Concom Senior Technical Assistant and spokesperson Ding Generoso said Thursday (June 7).
Generoso said that the Concom wanted to place this exercise of sovereign will under a proposed Article called “People’s Initiative, Plebiscite and Referendum.”
The first section of the proposed new Article is: “Section 1: The State recognizes and promotes the mechanisms of People’s Initiative as means of the sovereign people to directly propose revision of or amendment to the Constitution, or to propose, enact, amend or repeal laws, ordinances, or resolutions passed by any legislative body.”
The current Constitution also has provisions on people’s initiative but they are enclosed in Article VI. The Legislative Department and Article XVII Amendments of Revisions.
There is also Republic Act 6735 or an Act Providing for a System of Initiative and Referendum and Approving Funds Therefore.
Concom member and Vice Chair of the Subcommittee on the Structure of the Federal Government lawyer Roan Libarios said that creating a new article was necessary to give people “direct exercise of democracy.”
“Having a separate Article on People’s Initiative gives this power of the people and the direct exercise of democracy and legislative power its due and deserved place in the constitution,” Libarios said.
“It emphasizes the great importance of this power of the people,” he added.
Process
Under the provisions, in order to revise or amend the Constitution or propose, enact, amend, or repeal laws, proponents must first draft their proposal and petition.
Proponents may seek the help of the Solicitor General or the Integrated Bar of the Philippines for free.
Proponents must also gather the required signatures for their petition which they will submit to the Commission on Elections (Comelec) together with its draft proposal.
To revise the Constitution, proponents must get the signatures of voters equivalent to 30 percent of the voter turnout in the preceding national elections with at least 10 percent in every Federated Region.
In amending the Constitution, proponents must get the signatures of voters equivalent to 12 percent of the voter turnout in the preceding national elections and at least 3 percent in every Federated Region
In enacting, amending or repealing a Federal law, proponents must get the signatures of voters equivalent to 10 percent of the voter turnout in the preceding national elections and at least 3 percent in every Federated Region.
Once the proponents have submitted the petition and draft proposal to the Comelec, people’s initiative will be officially commenced.
If it involves a federal law, Comelec shall refer the petition and proposal to the Federal Constitutional Court for advisory opinion.
The Comelec will then certify the measure and submit it to plebiscite if the Court determines that the proposal does not suffer from any constitutional infirmity.
During the plebiscite campaign period, the Comelec will conduct a massive information drive on the proposal. If approved by majority of voters, the proposal is adopted and every region must vote majority.
Generoso said that the Concom is right on track to submit the adopted draft federal Constitution to Duterte on July 9, two weeks before he delivers his State of the Nation Address (SONA) on July 23.
The Concom hopes to vote en banc on the complete draft tentatively on June 14 before Eid’l Fitr or the end of Ramadan.
Regional presentations and consultations are also expected to take place this month before the draft charter is submitted to Malacanang. (Azer Parrocha/PNA)
