A initiative thepower of the people to propose

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Unformatted text preview: eject a law, or part thereof, passed by Congress 2. Referendum on Local Law‐ refers to a petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies. Notes: The following cannot be subject of an initiative or referendum: 1. Petition embracing more than one subject shall be submitted to the electorate 2. Statutes involving emergency measures, the enactment of which is specifically vested in Congress by the Constitution, cannot be subject to referendum until 90 4 days after their effectivity. (Sec. 10 RA 6735) Q: Compare and differentiate the concepts and processes of initiative from referendum. A: INITIATIVE The power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose. REFERENDUM The power of the legislation through an election called for the purpose. (Sec. 3, R.A. No. 6735 [1989]) LOCAL INITIATIVE The legal process whereby the registered voters of a local government unit may directly propose, enact, or amend any ordinance (Sec. 120) LOCAL REFERENDUM The legal process whereby the registered voters of the local government units may approve, amend or reject any ordinance enacted by the Sanggunian (Sec. 126) SELF‐EXECUTING AND NON‐SELF‐EXECUTING Q: What constitutional provisions are considered Self‐Executing and Non‐Self‐Executing? A: The following provisions of the Constitution are considered as self‐executing: 1. Provisions in the Bill of Rights on arrests, searches and seizures, the rights of a person under custodial investigation, the rights of an accused, and the privilege against self‐ incrimination, 2. Fundamental rights of life, liberty and the protection of property, 3. Provisions forbidding the taking or damaging of property for public use without just compensation. XPN: A constitutional provision is not self‐ executing where it merely announces a policy and its language empowers the Legislature to prescribe the mea...
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