Senate should petition SC to stop Comelec from throwing a lifeline to people’s initiative

The Senate of the Philippines should petition the Supreme Court to stop the Commission on Elections (Comelec) from pretending to “enhance” its rules to implement people’s initiative (PI). For, the Supreme Court has ruled that there is need for a new law to implement this right of the people since the law passed in 1989 to implement it was “incomplete.” The Congress must first pass a new enabling law. Thus, there is nothing for the Comelec to “enhance.”

Section 2, Article XVII of the 1987 Constitution provides that amendments to the Constitution may be directly proposed by the people in a PI, but “Congress shall provide for the implementation of the exercise of this right.” On Aug. 4, 1989, the Congress enacted Republic Act No. 6735, “The Initiative and Referendum Act.” A Comelec resolution sought to implement PI.

On March 19, 1997, the high court held in Miriam Defensor Santiago v. Commission on Elections (G.R. No. 127325, March 19, 1997) (Santiago), that RA 6735 was “inadequate” to cover PI, and its “fatal” defects could not be “cured” by the Comelec.

A few months later, in the case of People’s Initiative for Reform, Modernization and Action (Pirma) v. Commission on Elections, et al. (G.R. No. 129754, Sept. 23, 1997) (Pirma), the high court upheld that the Comelec’s dismissal of a similar petition filed by Pirma, saying that the Comelec was “only compl[ying] with the dispositions of this Court in (Santiago) xxx.” It stressed that there was no need to reexamine Santiago.

The Supreme Court, on Oct. 25, 2006, in Raul L. Lambino v. Commission on Elections (G.R. No. 174153, Oct. 25, 2006) (Lambino) again declined to revisit Santiago.

Curiously, 14 years after Lambino, or on Jan. 31, 2020, the Comelec, sans explanation, promulgated Resolution No. 10650, purporting to revise the regulations governing the conduct of PI.

In January 2024, a new PI was launched, calling for revisions to the Constitution, by all members of Congress voting “jointly.”

Sometime in January 2024, the Senate hired us to advise it on the new PI. The Senate announced public hearings on PI, through its committee on electoral reforms and people’s participation. But one day before the first Senate hearing, or on Jan. 29, 2024, the Comelec suspended all processes relating to PI, followed by its Resolution of Feb. 14, 2024, which approved the withdrawal form submitted for PI. The Senate held its public hearings on PI on Jan. 30, Feb. 2, and Feb. 13, 2024.

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Sworn testimony at the PI hearings showed, among others, that the prime mover of PI testified that he met and coordinated with members of the House of Representatives (TSN, Jan. 30, 2024, p. 145), who assisted the PI stalwarts gather signatures and provided “administrative and advisory support” to the PI bid (Ibid, pp. 112-143). While initially claiming he gave P55 million in cash to fund PI, he later recanted, saying he funded only half the amount, unnamed supporters giving the balance, (Ibid, at p. 133). Witnesses testified that in exchange for cash, they were required to sign a document under the guise of “People’s Initiative,” (Ibid, at pp. 80-85). A provincial governor even presented a group text message from a government official requiring employees to sign in the PI signature sheets (TSN, Feb. 2, 2024, p. 26.)

The inescapable conclusion is that PI is an illegality to be slain at sight by the Supreme Court. Given the evidence, PI is, in the testimony of Chief Justice Hilario Davide Jr., an “‘initiative’ of others using beguiled people.” The Senate must stop this legal abomination. And the Comelec forever restrained from giving it life support. Santiago must prevail.

Francis H. Jardeleza, Anacleto M. Diaz, Luis A. Vera Cruz Jr., Patricia Loise H. Del Rosario