Professional Documents
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127325
Summarized by Catherine Pedrosa, Sophia Sy, Albert Amparo
Atty. Jesus Delfin filed with COMELEC a Petition to Amend the
Constitution, to Lift Term Limits on Elective Officials, by Peoples
initiative, granted under Sec. 2, Art. XVII of the Constitution.
COMELEC issued an Order directing Delfin to publish the petition, and
notice of hearing and, setting the case for hearing. Petitioners herein
thus filed a petition for prohibition against respondent, arguing that
the said Constitutional provision can only be implemented by a law to
be passed by Congress, and such implementing provisions cannot be
found in RA 6735.
Important People: Petitioners: Miriam Defensor-Santiago, Alexander
Padilla, Maria Isabel Ongpin; Respondents: Comelec, Atty. Jesus
Delfin; Petitioner-Intervenor: Raul S. Roco
FACTS: (In order of chronological events)
1. Atty. Jesus S. Delfin filed with COMELEC a Petition to Amend the
Constitution, to Lift Term Limits of Elective Officials, by Peoples
Initiative. (A.K.A. Delfin Petition)
It proposed to amend Sec. 4 and 7 of Art. VI, Sec. 4 of VII, and
Sec. 8 of Art. X of the Constitution and REMOVE the term limit of 6
years for Senators, 2 years for the House of Representatives and 6
years for the President.
2. In the Delfin Petition they asked COMELEC for an order to:
a. Fix time and date of signature gathering
b. Cause the publication of said order and attached Petition for
Initiative on the 1987 Constitution
c. Instruct Municipal Election Registrars to assist Delfin and his
volunteers, in establishing signing stations.
3. COMELEC issued the order to:
a. Cause, at the expense of Delfin, the publication of petition and
attached Petition for Initiative on the 1987 Constitution and
Notice of Hearing in 3 daily newspapers of general circulation.
b. Set the case for hearing on December 12, 1996.
4. At the hearing: Atty. Delfin and Atty. Quadra represented PIRMA
against the intervenors Senator Roco and others representing IBP,
DIK, LABAN
5. After hearing the arguments of each party, COMELEC directed Delfin
and oppositors to file their memoranda within 5 days.
6. On December 18, 1996, Santiago and other petitioners filed a
special civil action for prohibition to the Supreme Court.
December 1996, and the order directing Delfin and the oppositors to
file their memoranda or oppositions. In so dignifying it, the COMELEC
acted without jurisdiction or with grave abuse of discretion and merely
wasted its time, energy, and resources.
VERDICT: Petition granted. RA 6735 declared inadequate to cover the
system of initiative on amendments to the Constitution. Parts of
Comelec Resolution No. 2300 prescribing rules on the conduct of
initiative or amendments to the Constitution declared void. Comelec
ordered to dismiss the Delfin Petition.
DISSENT: (Puno)
RA 6735 sufficiently implements the right of the people to initiate
amendments to the Constitution through initiative. The law must be
interpreted as it was intended, and it is clear that the intent of RA
6735 is to implement the peoples initiative to amend the Constitution.
Once intent is ascertained, it must be enforced even if it may not be
consistent with the strict letter of the law. Accordingly, Comelec
Resolution No. 2300 cannot be assailed as infirmed as RA 6735
expressly delegates the commission the power to promulgate rules
necessary to carry out the said act.