2 The Initiative Violates Section 2 Article XVII of the Constitution

2 the initiative violates section 2 article xvii of

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2. The Initiative Violates Section 2, Article XVII of the Constitution Disallowing Revision through Initiatives The framers of the constitution intended a clear distinction between “amendment” and “revision, it is intended that the third mode of stated in sec 2 art 17 of the constitution may propose only amendments to the constitution. Merging of the legislative and the executive is a radical change, therefore constitutes a revision. 3. A Revisit of Santiago v. COMELEC is Not Necessary Even assuming that RA 6735 is valid, it will not change the result because the present petition violated Sec 2 Art 17 to be a valid initiative, must first comply with the constitution before complying with RA 6735 Petition is dismissed. Ratio: Section 2, Article XVII of the Constitution is the governing constitutional provision that allows a people’s initiative to propose amendments to the Constitution. This section states: Sec. 2. Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters of which every legislative district must be represented by at least three per centum of the registered voters therein. x x x x (Emphasis supplied) The deliberations of the Constitutional Commission vividly explain the meaning of an amendment “directly proposed by the people through initiative upon a petition,” FACTS Petitioners Lambino group commenced in gathering signatures for an initiative petition to change the 1987 Constitution modifying Article 6 and Article 7 and adding transitory provision. The proposed change will shift the present Bicameral-Presidential System to a Unicameral-Parliamentary form of government. They petitioned to COMELEC and had the support of 6M individuals constuting at least 12% of all registers votes with each legislative district represented by at least 3% of its registered voters. ISSUE/S Whether or not the Lambino group complied on the ground of their acquisition? PRINCIPLES/HELD The phrase "directly proposed by the people through initiative upon a petition" - means that the draft of the proposed constitutional amendment should be ready and shown to the people before they sign such proposal. Before they sign the proposal, a draft must already been shown to them. The entire proposal on its face is a petition by the people. Two (2) essential elements: 1. The people must author and thus sign the entire proposal. No agent or representative can sign on their behalf. 2. As an intiative upon a petition, the proposal must be embodied in a petition. The full text of the proposed amendments may be either written on the face of the petition or attached to it. If attached, the petition must state such fact of attachment.
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The requirement is that, the people must first see the full text of the proposed amendments before they sign to signify their assent, and that the people must sign on an initiative petition that contains full text of proposed amendments.
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  • Spring '17
  • john doe

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