UST POLI LAW

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Unformatted text preview: rs, of which every legislative district must be represented by 3% of the registered voters therein. Note: The Constitution may be amended not oftener than every 5 years through initiative. Revisions cannot be done through Initiative. 2. Ratification – Amendments or revisions to the Constitution should be ratified by the majority in a plebiscite which should be held not earlier than 60 days nor later than 90 days after the approval of such amendment. Q: What is the Doctrine of Proper Submission? A: Plebiscite may be held on the same day as regular election (Gonzales v. COMELEC, G.R. No. L‐28196, Nov. 9, 1967), provided the people are sufficiently informed of the amendments to be voted upon, to conscientiously deliberate thereon, to express their will in a genuine manner. Submission of piece‐meal amendments is unconstitutional. All amendments must be submitted for ratification at one plebiscite only. The people have to be given a proper frame of reference in arriving at their decision. (Tolentino v. COMELEC, G.R. No. L‐34150, Oct. 16, 1971) a. R.A. 6735 INITIATIVE AND REFERENDUM LAW Q: What is initiative? A: It is the power of the people to propose amendments to the Constitution or to propose and enact legislation. Q: What are the three (3) kinds of initiative under R.A. 6735? A: 1. Initiative on the Constitution—refers to a petition proposing amendments to the Constitution 2. Initiative on statutes—refers to a petition to enact a national legislation 3. Initiative on local legislation—refers to a petition proposing to enact a regional, provincial, municipal, city, or barangay law, resolution or ordinance (Section 2 [a], R.A. 6735) Note: Section 2 (b) of R.A. 6735 provides for: 1. Indirect Initiative‐ exercise of initiative by the people through a proposition sent to Congress or the local legislative body for action 2. Direct Initiative‐ the people themselves filed the petition with the COMELEC and not with Congress. Q: What is the rule on Local initiative? A: I...
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This document was uploaded on 03/12/2014.

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