Initiative and referendum, Constitutional Law

1.  Concept

The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten 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 thereof. (Section 32, Article VI, 1987 Constitution)

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. (Section 2, Article XVII, Ibid.)

Thru an initiative, the people were given the power to amend the Constitution itself. Likewise, thru an initiative, the people were also endowed with the power to enact or reject any act or law by congress or local legislative body. (Garcia v. COMELEC, En Banc, G.R. No. 111230, 30 September 1994)

a. Original legislation vs. Derivative legislation

Section 1 of Article VI of the Constitution recognizes the distinction between original and derivative legislative power by declaring that “legislative power shall be vested in the Congress… except to the extent res...