The Philippines

I. Introduction
Population: 87,857,473 Area: 300,000 sq km Capital: Manila Languages: Two official languages - Pilipino (based on Tagalog) and English; eight major dialects - Tagalog, Cebuano, Ilocano, Hiligaynon or Ilonggo, Bicol, Waray, Pampango, and Pangasinan. Religions: Roman Catholic 83%, Protestant 9%, Muslim 5%, Buddhist and other 3% Political System: Republic Freedom House Rating (2005 Ed.): PR: 2, CL: 3, Status: F Constitution: February 2, 1987, effective on February 11, 1987. GNP/capita: US$1,170 DD Practice: 16 national referendums, more than 300 local referendums1 The Philippine Islands became a Spanish colony during the 16th century. Then they were ceded to the U.S. in 1898, following the Spanish-American War. The islands attained their independence in 1946 after Japanese occupation in World War II. The 21-year rule of Ferdinand Marcos ended in 1986, when a widespread popular rebellion forced him into exile. In 1992, the U.S. closed its last military bases on the islands.2 Now, the Philippines (Republic of the Philippines) is a democratic republic under the 1987 constitution. The head of state and chief executive of the Philippines is the president, elected by all Philippine citizens above 18 years of age. The president can nominate appointments for heads of government departments to form a cabinet. The Congress is a bicameral legislature consisting of 24 Senators and 250 Members of the

See http://www.cia.gov/cia/publications/factbook/geos/rp.html; http://www.freedomhouse.org/ratings/allscores2005.xls; http://devdata.worldbank.org/data-query/; http://c2d.unige.ch/; http://www.comelec.gov.ph/hist/pleb.html. See http://www.cia.gov/cia/publications/factbook/geos/rp.html.

House of Representatives.3

II. Legislation
A. Constitution Article XVII (Amendments and Revisions) Section 1: Any amendment to, or revision of, this Constitution may be proposed by: 1. The Congress, upon a vote of three-fourths of all its members; or 2. A constitutional convention. Section 2: Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve percent of the total number of registered voters, of which every legislative district must be represented by at least three percent 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. Section 3: The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention. Section 4: Any amendment to, or revision of, this Constitution under Section 1 thereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision. Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the certification by the Commission on Elections of the
3

See http://jurist.law.pitt.edu/world/philippines.htm; http://encarta.msn.com/encyclopedia_761558570_8/Philippines.html; http://encarta.msn.com/encyclopedia_761558570_9/Philippines.html.

sufficiency of the petition. (2) Article VI (Legislative Department) 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 signed by at least ten percent of the total number of registered voters, of which every legislative district must be represented by at least three percent of the registered voters thereof. (3) Article X (Local Government) Section 3: The Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of the local units. Section 10: No province, city, municipality, or barangay may be created, divided, merged, abolished, or its boundary substantially altered, except in accordance with the criteria established in the local government code and subject to approval by a majority of the votes cast in a plebiscite in the political units directly affected.

Section 11: The Congress may, by law, create special metropolitan political subdivisions, subject to a plebiscite as set forth in Section 10 hereof. The component cities and municipalities shall retain their basic autonomy and shall be entitled to their own local executive and legislative assemblies. The jurisdiction of the metropolitan authority that will thereby be created shall be limited to basic services requiring coordination. Section 18: The Congress shall enact an organic act for each autonomous region with the assistance and participation of the regional consultative commission composed of representatives appointed by the President from a list of nominees from multi-sectoral bodies. The organic act shall define the basic structure of government for the region consisting of the executive department and legislative assembly, both of which shall be elective and representative of the constituent political units. The organic acts shall likewise provide for special courts with personal, family, and property law jurisdiction consistent with the provisions of this Constitution and national laws. The creation of the autonomous region shall be effective when approved by majority of the votes cast by the constituent units in a plebiscite called for the purpose, provided that only provinces, cities, and geographic areas voting favorably in such plebiscite shall be included in the autonomous region. B. Statutes 1. Republic Act No. 4913: An Act submitting to the Pilipino people for approval the amendments to the Constitution of the Philippines proposed by the Congress of the Philippines in Resolutions of both Houses numbered one and three adopted on March sixteen, nineteen hundred and sixty seven4 Section 2 The amendments shall be published in three consecutive issues of the Official

http://www.lawphil.net/statutes/repacts/ra1967/ra_4913_1967.html.

Gazette at least twenty days prior to the election. A printed copy thereof shall be posted in a conspicuous place in every municipality, city and provincial office building and in every polling place not later than October fourteen, nineteen hundred and sixty-seven, and shall remain posted therein until after the election. At least five copies of the said amendments shall be kept in each polling place to be made available for examination by the qualified electors during election day. When practicable, copies in the principal native languages, as may be determined by the Commission on Elections, shall be kept in each polling places. The Commission on Elections shall make available copies of said amendments in English, Spanish and, whenever practicable, in the principal native languages, for free distribution. Section 4 The ballots which shall be used in the election for the approval of said amendments shall be printed in English and Pilipino and shall be in the size and form prescribed by the Commission on Elections: Provided, however, That at the back of said ballot there shall be printed in full Resolutions of Both Houses of Congress Numbered One and three, both adopted on March sixteen, nineteen hundred and sixtyseven, proposing the amendments; Provided, further, That the questionnaire appearing on the face of the ballot shall be as follows: Are you in favor of the proposed amendment to Section five of Article VI of our Constitution printed at the back of this ballot? Are you in favor of the proposed amendment to Section sixteen of Article VI of our Constitution printed at the back of this ballot? To vote for the approval of the proposed amendments, the voter shall write the word Yes or its equivalent in Pilipino or in the local dialect in the blank space after each question; to vote for the rejection thereof, he shall write the word No or its equivalent in Pilipino or in the local dialect.

Section 5 The boards of election inspectors shall prepare and sign four copies of the returns of the citizens in their respective polling places on a form to be prescribed by the Commission on Elections. One copy shall be deposited in the ballot box for valid ballots, and the three copies shall be delivered to the respective municipal treasurers, who shall immediately forward, by registered mail, one copy to the Commission on Elections, one copy of the Secretary of the Senate, and one copy to the Secretary of the House of Representatives. Within thirty days after the opening of the third regular session of the Sixth Congress of the Philippines, the Senate and House of Representatives shall hold a joint session, canvass the returns, and certify the result thereof. 2. Batas Pambansa Bilang 54: An act providing for the holding of a plebiscite on January 30, 1980, at which proposed amendments to the constitution of the Republic of the Philippines shall be submitted to the Pilipino electorate.5 Section 1 A plebiscite shall be held on January 30, 1980, simultaneously with the election for local officials, at which proposed amendments to the Constitution of the Republic of the Philippines shall be submitted to the electorate for their consideration. Section 2 The expenses for such plebiscite shall be charged to the appropriations of the Commission on Elections authorized for the purpose and any deficiency thereof shall be covered by appropriations authorized for special priority activities of government as embodied in the Special Activities Fund or its equivalent. Section 3 This Act shall take effect upon its approval.

http://www.chanrobles.com/bataspambansabilang54.htm.

3. Republic Act No. 6735: An Act providing for a system of initiative and referendum and appropriating funds therefor (Approved on August 4, 1989)6 I. General Provisions Section 1: Title This Act shall be known as The Initiative and Referendum Act. Section 2: Statement of Policy The power of the people under a system of initiative and referendum to directly propose, enact, approve or reject, in whole or in part, the Constitution, laws, ordinances, or resolutions passed by any legislative body upon compliance with the requirements of this Act is hereby affirmed, recognized and guaranteed. Section 3: Definition of Terms For purposes of this Act, the following terms shall mean: (a) Initiative is the power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose. There are three (3) systems of initiative, namely: a.1 Initiative on the Constitution which refers to a petition proposing amendments to the Constitution; a.2 Initiative on statutes which refers to a petition proposing to enact a national legislation; and a.3 Initiative on local legislation which refers to a petition proposing to enact a regional, provincial, city, municipal, or barangay law, resolution or ordinance. (b) Indirect initiative is exercise of initiative by the people through a proposition sent to Congress or the local legislative body for action. (c) Referendum is the power of the electorate to approve or reject a legislation through an election called for the purpose. It may be of two classes,
6

http://www.chanrobles.com/republicactno6735.htm.

namely: c.1. Referendum on statutes which refers to a petition to approve or reject an act or law, or part thereof, passed by Congress; and c.2. Referendum on local law which refers to a petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies. (d) Proposition is the measure proposed by the voters. (e) Plebiscite is the electoral process by which an initiative on the Constitution is approved or rejected by the people. (f) Petition is the written instrument containing the proposition and the

required number of signatories. It shall be in a form to be determined by and submitted to the Commission on Elections, hereinafter referred to as the Commission. (g) Local government units refers to provinces, cities, municipalities and barangays. (h) Local legislative bodies refers to the Sangguniang Panlalawigan, Sangguniang Panlungsod, Sangguniang Bayan, and Sangguniang Nayon. (i) Local executives refers to the Provincial Governors, City or Municipal Mayors and Punong Barangay, as the case may be. Section 4: Who may exercise The power of initiative and referendum may be exercised by all registered voters of the country, autonomous regions, provinces, cities, municipalities and barangays. Section 5: Requirements (a) To exercise the power of initiative or referendum, at least ten per centum (10%) of the total number of the registered voters, of which every legislative district is represented by at least three per centum (3%) of the registered voters thereof, shall sign a petition for the purpose and register the same with the Commission.

(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. (d) A referendum or initiative affecting a law, resolution or ordinance passed by the legislative assembly of an autonomous region, province or city is deemed validly initiated if the petition thereof is signed by at least ten per centum (10%) of the registered voters in the province or city, of which every legislative district must be represented by at least three per centum (3%) of the registered voters therein; Provided, however, That if the province or city is composed only of one (1) legislative district, then at least each municipality in a province or each barangay in a city should be represented by at least three per centum (3%) of the registered voters therein. (e) A referendum of initiative on an ordinance passed in a municipality shall be deemed validly initiated if the petition therefor is signed by at least ten per centum (10%) of the registered voters in the municipality, of which every barangay is

represented by at least three per centum (3%) of the registered voters therein. (f) A referendum or initiative on a barangay resolution or ordinance is deemed validly initiated if signed by at least ten per centum (10%) of the registered voters in said barangay. Section 6: Special Registration The Commission on Election shall set a special registration day at least three (3) weeks before a scheduled initiative or referendum. Section 7: Verification of Signatures The Election Registrar shall verify the signatures on the basis of the registry list of voters, voters affidavits and voters identification cards used in the immediately preceding election. II. National Initiative and Referendum Section 8: Conduct and Date of Initiative or Referendum The Commission shall call and supervise the conduct of initiative or referendum. Within a period of thirty (30) days from receipt of the petition, the Commission shall, upon determining the sufficiency of the petition, publish the same in Pilipino and English at least twice in newspapers of general and local circulation and set the date of the initiative or referendum which shall not be earlier than forty-five (45) days but not later than ninety (90) days from the determination by the Commission of the sufficiency 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. Section 10: Prohibited Measures The following cannot be the subject of an initiative or referendum petition: (a) No petition embracing more than one (1) subject shall be submitted to the electorate; and (b) Statutes involving emergency measures, the enactment of which are specifically vested in Congress by the Constitution, cannot be subject to referendum until ninety (90) days after its effectivity. Section 11: Indirect Initiative Any duly accredited peoples organization, as defined by law, may file a petition for indirect initiative with the House of Representatives, and other legislative bodies. The petition shall contain a summary of the chief purposes and contents of the bill that the organization proposes to be enacted into law by the legislature.

The procedure to be followed on the initiative bill shall be the same as the enactment of any legislative measure before the House of Representatives except that the said initiative bill shall have precedence over the pending legislative measures on the committee. 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. III. Local Initiative and Referendum Section 13: Procedure in Local Initiative (a) Not less than two thousand (2,000) registered voters in case of autonomous regions, one thousand (1,000) in case of provinces and cities, one hundred (100) in case of municipalities, and fifty (50) in case of barangays, may file a petition with the Regional Assembly or local legislative body, respectively, proposing the adoption, enactment, repeal, or amendment, of any law, ordinance or resolution. (b) If no favorable action thereon is made by local legislative body within (30) days from its presentation, the proponents through their duly authorized and registered representative may invoke their power of initiative, giving notice thereof to the local legislative body concerned. (c) The proposition shall be numbered serially starting from one (1). The Secretary of Local Government or his designated representative shall extend assistance in the formulation of the proposition. (d) Two or more propositions may be submitted in an initiative. (e) Proponents shall have one hundred twenty (120) days in case of autonomous regions, ninety (90) days in case of provinces and cities, sixty (60) days in case of municipalities, and thirty (30) days in case of barangays, from notice

mentioned in subsection (b) hereof to collect the required number of signatures. (f) The petition shall be signed before the Election Registrar, or his designated

representative, in the presence of a representative of the proponent, and a representative of the regional assemblies and local legislative bodies concerned in a public place in the autonomous region or local government unit, as the case may be. Signature stations may be established in as many places as may be warranted. (g) Upon the lapse of the period herein provided, the Commission on Elections, through its office in the local government unit concerned shall certify as to whether or not the required number of signatures has been obtained. Failure to obtain the required number is a defeat of the proposition. (h) If the required number of the signatures is obtained, the Commission shall then set a date for the initiative at which the proposition shall be submitted to the registered voters in the local government unit concerned for their approval within ninety (90) days from the date of certification by the Commission, as provided in subsection (g) hereof, in case of autonomous regions, sixty (60) days in case of the provinces and cities, forty-five (45) days in case of municipalities, and thirty (30) days in case of barangays. The initiative shall then be held on the date set, after which the results thereof shall be certified and proclaimed by the Commission on Elections. Section 14: Effectivity of Local Propositions If the proposition is approved by a majority of the votes cast, it shall take effect fifteen (15) days after certification by the Commission as if affirmative action thereon had been made by the local legislative body and local executive concerned. If it fails to obtain said number of votes, the proposition is considered defeated. Section 15: Limitations on Local Initiatives (a) The power of local initiative shall not be exercised more than once a year. (b) Initiative shall extend only to subjects or matters which are within the legal

powers of the local legislative bodies to enact. (c) If at any time before the initiative is held, the local legislative body shall adopt in to the proposition presented, the initiative shall be cancelled. However, those against such action may, if they so desire, apply for initiative in the manner herein provided. Section 16: Limitations upon Local Legislative Bodies Any proposition or ordinance or resolution approved through the system of initiative and referendum as herein provided shall not be repealed, modified or amended, by the local legislative body concerned within six (6) months from the date therefrom, and may be amended, modified or repealed by the local legislative body within three (3) years thereafter by a vote of three-fourths (3/4) of all its members: Provided, however, that in case of barangays, the period shall be one (1) year after the expiration of the first six (6) months. Section 17: Local Referendum Notwithstanding the provisions of Section 4 hereof, any local legislative body may submit to the registered voters of autonomous region, provinces, cities, municipalities and barangays for the approval or rejection, any ordinance or resolution duly enacted or approved. Said referendum shall be held under the control and direction of the Commission within sixty (60) days in case of provinces and cities, forty-five (45) days in case of municipalities and thirty (30) days in case of barangays. The Commission shall certify and proclaim the results of the said referendum. Section 18: Authority of Courts Nothing in this Act shall prevent or preclude the proper courts from declaring null and void any proposition approved pursuant to this Act for violation of the Constitution or want of capacity of the local legislative body to enact the said

measure. IV. Final Provisions Section 19: Applicability of the Omnibus Election Code The Omnibus Election Code and other election laws, not inconsistent with the provisions of this Act, shall apply to all initiatives and referenda. Section 20: Rules and Regulations The Commission is hereby empowered to promulgate such rules and regulations as may be necessary to carry out the purposes of this Act. Section 21: Appropriations The amount necessary to defray the cost of the initial implementation of this Act shall be charged against the Contingent Fund in the General Appropriations Act of the current year. Thereafter, such sums as may be necessary for the full implementation of this Act shall be included in the annual General Appropriations Act. Section 22: Separability Clause If any part or provision of this Act is held invalid or unconstitutional, the other parts or provisions thereof shall remain valid and effective. Section 23: Effectivity This Act shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

III. Practice
According to the government statistics, from 1935 to 2001, the Philippines has held more than 300 referendums, most of which were local referendums (or plebiscites).7 In the following, we will focus on the referendums held at national level. There are at least 16 national referendums held in the Philippines thus far. A. National Level 1. Ratification of the 1935 Constitution (May 14, 1935)

See http://www.comelec.gov.ph/hist/pleb.html.

In 1934, the U.S.A. granted the Philippines the right to a certain degree of autonomy and to a proper constitution.8 The constituent assembly deliberated from July 1934 to January 1935. On February, 1935, the Philippines Constitution was promulgated, which was signed by the U.S. President Roosevelt on March 23, 1935.9 This constitution contains many important articles. For example, the term of the president is fixed for six years; there should be a one-chamber Congress; women are entitled to voting rights; land and the resources thereof may be owned by citizens only; and there should be an obligatory referendum on any changes in the constitution.10 On May 14, 1935, the Constitution was put for referendum. 96.43 percent of the valid votes approved it.11 2. Woman Suffrage (Reserved for Women) (April 30, 1937) According to the constitution of 1935, if the National Assembly wants to extend the right of suffrage to women, there should be a plebiscite held for that purpose within two years after the adoption of this Constitution. And it required a minimum of 300,000 qualified women electors to vote affirmatively.12 The plebiscite was held on April 30, 1937. The result was 447,725 votes supported women suffrage.13 3. Amendment to the Constitution (October 24, 1939) On September 15, 1939, the National Assembly adopted the amendments to the constitution. Article XV, Section 1 of the 1935 Constitution of the Republic of the
8 9 10 11 12

13

See http://c2d.unige.ch/. See http://www.nyulawglobal.org/globalex/Philippines.htm. See http://c2d.unige.ch/. See http://c2d.unige.ch/. Article V (Suffrage), Section 1 of the 1935 Constitution of the Republic of the Philippines provides that: Suffrage may be exercised by male citizens of the Philippines not otherwise disqualified by law, who are twenty-one years of age or over and are able to read and write, and who shall have resided in the Philippines for one year and in the municipality wherein they propose to vote for at least six months preceding the election. The National Assembly shall extend the right of suffrage to women, if in a plebiscite which shall be held for that purpose within two years after the adoption of this Constitution, not less than three hundred thousand women possessing the necessary qualifications shall vote affirmatively on the question. See http://www.chanrobles.com/1935constitutionofthephilippines.htm#1935%20Constitution%20of %20the%20Republic%20of%20the%20Philippines. See http://c2d.unige.ch/.

Philippines stipulated as follows: The Congress in joint session assembled, by a vote of three-fourths of all the Members of the Senate and of the House of Representatives voting separately, may propose amendments to this Constitution or call a convention for that purpose. Such amendments shall be valid as part of this Constitution when approved by a majority of the votes cast at an election at which the amendments are submitted to the people for their ratification. 14 Accordingly, the Congress passed the Commonwealth Act No. 492 on September 19, 1939, which called for a referendum on the proposed amendments. The referendum took place on October 24, 1939. However, the details of the vote are unavailable.15 4. Constitutional Referendum (Commonwealth Act No. 517) (June 18, 1940) In this referendum, there were actually three propositions, including the establishment of an electoral commission, establishment of a bicameral legislature, and the new term of office for the President and Vice- President. These three propositions were all approved by the voters.16 5. Parity Amendment (March 11, 1947) Under pressure from the U.S., the Pilipino Congress ratified the Parity Amendment, deleting articles 12 and 13 from the constitution. Both articles limited the possession of land and its resources only to local citizens. 17 The referendum granted the United States citizens the right to the disposition and utilization of the
14

15

16 17

See http://www.chanrobles.com/1935constitutionofthephilippines.htm#1935%20Constitution%20of %20the%20Republic%20of%20the%20Philippines. http://c2d.unige.ch/. Cf. Another source suggests that this referendum involved an amendment regarding the trade relations with the United States (Commonwealth Act No. 357), instead of on a constitutional amendment. See DIETER NOHLEN, FLORIAN GROTZ & CHRISTOF HARTMANN (EDS.), ELECTIONS IN ASIA AND THE PACIFICA DATA HANDBOOK VOL. II, SOUTH EAST ASIA, EAST ASIA, AND THE SOUTH PACIFIC 207 (2001). See DIETER NOHLEN, FLORIAN GROTZ & CHRISTOF HARTMANN (EDS.), id. at 207. See http://c2d.unige.ch/.

Philippine natural resources.18 6. Constitutional Amendment (November 14, 1967) On March 16, 1967, the Senate and the House of Representatives passed a Joint Resolution that proposed constitutional amendments. Subsequently, the Congress passed Republic Act No. 4913, providing that the amendments to the Constitution proposed in the aforementioned Resolutions be submitted, for approval by the people, at the general elections which shall be held on November 14, 1967. 19 The referendum was on the amendment to Article VI, Section 5 and 16 of the Constitution.20 Before the referendum, there were petitions against the holding of this plebiscite. The Supreme Court maintained that the case was within its jurisdiction and held that the objection was untenable.21 Therefore, the referendum took place as scheduled, but it failed to gain the majority of votes.22 7. Approving a New Constitution (January 10-15, 1973) There were three questions: (1) the ratification of the 1973 Constitution; and, at the same time, (2) the suspension of the convening of the Interim National Assembly provided for in the same Constitution; and (3) the continuation of Martial Law.23 The propositions were approved in the referendum. However, there were litigations against the referendum and the new Constitution. The Supreme Court didnt regard this controversy as political question and made thorough factual and legal discussion about the cases. It upheld the validity of the referendum and the new

18

19

20

21

22

23

See http://www.comelec.gov.ph/hist/pleb.html. See also DIETER NOHLEN, FLORIAN GROTZ & CHRISTOF HARTMANN (EDS.), supra note 201, at 208. See Ramon A. Gonzales v. Commission on elections, el al, G.R. No. L-28196, November 9, 1967. Its full text is available at http://www.lawphil.net/judjuris/juri1967/nov1967/gr_l-28196_1967.html. See http://www.comelec.gov.ph/hist/pleb_txt.html. See also DIETER NOHLEN, FLORIAN GROTZ & CHRISTOF HARTMANN (EDS.), supra note 201, at 208. See Ramon A. Gonzales v. Commission on elections, el al, G.R. No. L-28196, November 9, 1967. Its full text is available at http://www.lawphil.net/judjuris/juri1967/nov1967/gr_l-28196_1967.html. See http://c2d.unige.ch/; DIETER NOHLEN, FLORIAN GROTZ & CHRISTOF HARTMANN (EDS.), supra note 201, at 208. See http://www.comelec.gov.ph/hist/pleb_70s.html; DIETER NOHLEN, FLORIAN GROTZ & CHRISTOF HARTMANN (EDS.), supra note 201, at 208.

Constitution.24 8. Approving Marcos and his Reform under Martial Law (July 27-28, 1973) President Marcos term would have come to an end at 1973. Therefore, he held a referendum to legitimize his continuation in office. The ballot question was: Under the present Constitution the President, if he so desires, can continue in office after 1973. Do you want President Marcos to continue after 1973 and finish the reforms he has initiated under Martial Law? 25 Since voting was mandatory, the turnout was 84.8 percent, and 90.67 percent of the valid votes approved the continuation of his rule. 26 It may be worth adding that a new feature, the remark sheets, was introduced in the referendum. Voters could write down remarks about the present administration and explain their votes.27 In the following years referendums were instituted as an alternative mode of political participation by which national and local issues were referred to the people.28 9. Local Affairs and Continuation of Martial Law (February 27-28, 1975) On February 27, 1975, a referendum was conducted along with the local election. The referendum asked the voters whether President Marcos could restructure local government, appoint local elective officials, and allow the continuation of the martial law.29 The three propositions were all approved in the referendum.30 10. Constitutional Amendments and Continuation of Martial Law (October16-17, 1976) In this referendum, there were two propositions. The first one asked the voters whether they want the martial law to be continued, and the second one asked them if

24

25 26 27 28 29 30

See Josue Javellana v. Executive Secretary, et al, G. R. No. L-36142, March 31, 1973. Its full text is available at http://www.lawphil.net/judjuris/juri1973/mar1973/gr_36142_1973.html; see also http://www.chanrobles.com/cralaw19733.htm. See DIETER NOHLEN, FLORIAN GROTZ & CHRISTOF HARTMANN (EDS.), supra note 201, at 208. See http://c2d.unige.ch/. See DIETER NOHLEN, FLORIAN GROTZ & CHRISTOF HARTMANN (EDS.), supra note 201, at 208. See DIETER NOHLEN, FLORIAN GROTZ & CHRISTOF HARTMANN (EDS.), supra note 201, at 187. See DIETER NOHLEN, FLORIAN GROTZ & CHRISTOF HARTMANN (EDS.), supra note 201, at 208. See http://c2d.unige.ch/; http://www.comelec.gov.ph/hist/pleb_70s.html.

they approve the amendments to the Constitution. 31 The nine proposed amendments to the Constitution included the extension of President Marcos term, his rule by decree, his appointment of certain members in the Parliament, and allowing him to exercise the power of the Prime Minister.32 The majority of the voters approved both propositions, so the rule of martial law continued and the proposed Constitutional amendments, which largely increased the presidents power, were also ratified.33 11. Extension of Marcos Presidential Term (December 16-17, 1977) Marcos needed intermittent referendums to legitimize his authoritarian rule. Therefore, in 1977, he held a referendum asking the voters, Do you want that President Ferdinand E. Marcos continue in office as incumbent President and be Prime Minister after the organization of the Interim Batasang Pambansa as provided for in Amendment No. 3 of the 1976 Amendments to the Constitution? The turnout was 93.77 percent, and 89.53 percent of the voters approved that President Marcos should continue in office as incumbent President and Prime Minister after the organization of the Interim Batasang Pambansa.34 Although there were petitions questioning the referendum, the Supreme Court made decisions to uphold the validity and legitimacy of the referendum. The Supreme Court first held that the referendum is not an amendment to the Constitution. Second, on questions whether the holding of the referendum was necessary, the Supreme Court regarded that as a political question and therefore was not under the competence of the Court. Finally, the Supreme Court held that the power of the president to call the referendum is vested in the Constitution. Therefore, the Supreme Court dismissed the petition.35
31 32

33 34 35

See http://c2d.unige.ch/. See http://c2d.unige.ch/; DIETER NOHLEN, FLORIAN GROTZ & CHRISTOF HARTMANN (EDS.), supra note 201, at 208. See http://www.comelec.gov.ph/hist/pleb.html. See http://c2d.unige.ch/; http://www.comelec.gov.ph/hist/pleb.html. See Gualberto J. Dela Llana v. The commission on election, G.R. No. L-47245, December 9, 1977. Its full text is available at http://www.lawphil.net/judjuris/juri1977/dec1977/gr_47245_1977.html.

12. Increasing the Retirement Age of Judges (January 30, 1980) Before the referendum, there was an Act providing for its holding. Readers may want to refer to the Section II (Legislation) of this Chapter to see the full text of this Act. The referendum increased the retirement age of the Supreme Court Justices and judges of the inferior courts to seventy years old.36 13. Expanding the Presidents Power (April 7, 1981) This constitutional referendum was to introduce a modified parliamentary system by giving more powers to the President and creating the Executive Committee on succession. Besides, it also reintroduced a two-party system, and forbad elective officials to change party affiliation.37 Although, before the vote, there were protests against the referendum, 38 it was still approved by the majority of votes. 14. When to Hold the Barangay Election (June16, 1981) In 1981, the martial law was lifted and presidential election was held on June 16, 1981. President Marcos was re-elected into office.39 A referendum was held simultaneously on whether to hold the Barangay Election immediately, and it was approved.40 15. Constitutional Amendments (January 27, 1984) This constitutional referendum was held pursuant to Batas Pambansa Blg 643 (1984).41 It introduced the following amendments: (1) creation of the Vice-President office; (2) abolition of the Executive Committee; (3) holding of elections for regular members of Batasang Pambansa by provinces, and highly urbanized cities and
36 37

38

39 40

41

See http://www.comelec.gov.ph/hist/pleb.html; see also http://c2d.unige.ch/. See http://www.comelec.gov.ph/hist/pleb.html; Dieter Nohlen, FLORIAN GROTZ & CHRISTOF HARTMANN (EDS.), supra note 201, at 209. See http://query.nytimes.com/gst/fullpage.html? res=9D01EFDD1139F934A35757C0A967948260&n=Top%2fNews%2fInternational%2fCountries %20and%20Territories%2fPhilippines. See http://www.nyulawglobal.org/globalex/Philippines.htm. See http://www.comelec.gov.ph/hist/pleb.html; DIETER NOHLEN, FLORIAN GROTZ & CHRISTOF HARTMANN (EDS.), supra note 201, at 209. See http://www.nyulawglobal.org/globalex/Philippines.htm.

districts of Metro Manila; and (4) land grant and urban housing program. The amendments were approved by the referendum, but its details are not available.42 16. Approving the Draft Constitution (February 2, 1987) After Marcos was ousted on February 25, 1986, Corazon Aquino became the new President. On March 25, 1986, she invoked the direct mandate of the people and issued Proclamation No. 3, providing for a Provisional Constitution. A Constitutional Commission was constituted by virtue of Article V of the Provisional Constitution and Proclamation No. 9. The Constitutional Commission, composed of 48 members, was mandated to draft a Constitution.43 The draft constitution was submitted to the President on October 15, 1986, and a referendum would be held on February 2, 1987 to see if the citizens supported the Constitution. In this referendum, the turnout is 89.24 percent, and 77.13 percent of the valid votes approved the new Constitution.44 Therefore, the Constitution entered into force on February 2, 1987 and it is still effective now. B. Local Level It is estimated that more than 300 local referendums have been held in the Philippines. Due to the space limits, we are unable to give a detailed account of each local referendum in this guide. Please refer to the official website of the Philippines electoral commission for more information.45

. Prospects
Please refer to the essay written by Professor Raul Pangalangan in Appendix II of this Guide.

42

43 44 45

See http://www.comelec.gov.ph/hist/pleb.html; DIETER NOHLEN, FLORIAN GROTZ & CHRISTOF HARTMANN (EDS.), supra note 201, at 209. See http://www.nyulawglobal.org/globalex/Philippines.htm. See http://c2d.unige.ch/; http://www.nyulawglobal.org/globalex/Philippines.htm. http://www.comelec.gov.ph/.