ALBAY 1st District Rep. Edcel Lagman has called on the proponents of the people’s initiative for Charter change (Cha-cha) to halt their “misadventure.” This appeal comes in response to Lagman filing House Bill (HB) 9868, which asserts that there is currently no compliant and enabling law in place to implement the people’s right to propose amendments to the Constitution via People’s Initiative.
The explanatory note of HB 9869 states, “This bill is introduced to provide the enabling and compliant law necessary for our people to validly and properly exercise their right of initiative to propose amendments to the Constitution.” The bill includes provisions that outline the requirements for a verified petition on people’s initiative.
Under the 1987 Constitution, amendments can be proposed either through a three-fourths vote of Congress or by a constitutional convention. However, the Constitution also allows the public to directly propose amendments through a petition signed by at least 12 percent of registered voters, with each legislative district represented by at least 3 percent of its voters.
According to HB 9869, Republic Act (RA) 6735, also known as the “Initiative and Referendum Act,” is inadequate as a compliant legislation for the effective exercise of people’s initiative to propose amendments to the Constitution. The bill points out that there is no separate subtitle to cover people’s initiative to propose such amendments.
Furthermore, unlike in local or national initiatives, there is no requirement for voters to sign the signature sheets supporting a people’s initiative in the presence of an election officer at designated signing stations to ensure the integrity of the process. The petition also does not need to include the reasons for the amendment, thus failing to inform the people of the purpose of the petition.
Lagman emphasizes that the Supreme Court ruling in Santiago vs Commission on Elections on March 19, 1997, made it clear that RA 6735 is not a compliant and enabling law for the provision of Cha-cha via people’s initiative. However, initiative proponent Alfredo Garbin Jr. maintains that RA 6735 is a valid and operative law, deemed sufficient and adequate by the Justices of the Supreme Court, to amend the Constitution.
Meanwhile, Sen. Ana Theresia “Risa” Hontiveros has called on the Commission on Elections (Comelec) to permanently reject the people’s initiative as a mode of Charter change. Hontiveros urges the Comelec to cease accepting signatures supporting Cha-cha through People’s Initiative, as the Senate has initiated public hearings on the proposal to amend certain economic provisions of the 1987 Constitution.
The Senate Subcommittee on Constitutional Amendments and Revision of Codes has commenced discussions on Resolution of Both Houses (RBH) 6, which proposes amendments to the economic provisions of the Charter.
On January 26, the Comelec suspended all processes related to the gathering of signatures, including the acceptance of signature sheets submitted by the People’s Initiative Reform Modernization Act. This suspension was due to the lack of adequate procedures to deal with the ongoing People’s Initiative process.
Hontiveros asserts that the real challenges hindering foreign and local investment are corruption, red tape, bureaucracy, and the high cost of electricity. These barriers should not be attributed to the 1987 Constitution, she adds.
“There is no need for Cha-cha to create more jobs, end poverty, and uplift the quality of life in the country,” Hontiveros states in Filipino.
Source: The Manila Times