CONSTITUTIONAL LAW REVIEW | Lambino vs. COMELEC, G.R. No. 174153, October 25, 2006

Lambino vs. COMELEC, 

G.R. No. 174153, October 25, 2006 


FACTS

Petitioners (Lambino group) commenced gathering signatures for an initiative petition to change the 1987 constitution, they filed a petition with the COMELEC to hold a plebiscite that will ratify their initiative petition under RA 6735. Lambino group alleged that the petition had the support of  6M individuals fulfilling what was provided by art 17 of the constitution. Their petition changes the 1987 constitution by modifying sections 1-7 of Art 6 and sections 1-4 of Art 7 and by adding Art 18. the proposed changes will shift the present bicameral- presidential form of government to unicameral- parliamentary. COMELEC denied the petition due to lack of enabling law governing initiative petitions and invoked the Santiago Vs. Comelec ruling that RA 6735 is inadequate to implement the initiative Petitions.


ISSUE

Whether the Lambino Group’s initiative petition complies with Section 2, Article XVII of the Constitution on amendments to the Constitution through a people’s initiative. 

Whether this Court should revisit its ruling in Santiago declaring RA 6735 “incomplete, inadequate or wanting in essential terms and conditions” to implement the initiative clause on proposals to amend the Constitution. 

Whether the COMELEC committed grave abuse of discretion in denying due course to the Lambino Group’s petition. 


RULING

No. An initiative that gathers signatures from the people without first showing to the people the full text of the proposed amendments is most likely a deception, and can operate as a gigantic fraud on the people.

No. Revision broadly implies a change that alters a basic principle in the constitution, like altering the principle of separation of powers or the system of checks-and-balances, and there is also revision if the change alters the substantial entirety of the constitution, as when the change affects substantial provisions of the constitution; Amendment broadly refers to a change that adds, reduces, or deletes without altering the basic principle involved; Revision generally affects several provisions of the constitution, while amendment generally affects only the specific provision being amended. 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 a constitutes a revision. 








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