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This page features the full text of
Republic Act No. 6735
"The
Initiative and Referendum Act"
AN
ACT PROVIDING FOR A SYSTEM OF INITIATIVE AND REFERENDUM AND
APPROPRIATING
FUNDS THEREFOR.
REPUBLIC
ACT NO. 6735
AN
ACT PROVIDING FOR A SYSTEM OF INITIATIVE AND REFERENDUM AND
APPROPRIATING
FUNDS THEREFOR.
I
General
Provisions Section
1. Title. — This Act shall be
known as "The Initiative and Referendum Act."chanrobles virtuallaw libraryred
Sec.
2. Statement of Policy. — The
power of the people under a system of initiative and referendum to
directly
propose, enact, approve or reject, in whole or in part, the
Constitution,
laws, ordinances, or resolutions passed by any legislative body upon
compliance
with the requirements of this Act is hereby affirmed, recognized and
guaranteed.chanrobles virtual law library
Sec.
3. Definition of Terms. — For
purposes of this Act, the following terms shall mean:
(a) "Initiative"
is the power of the people to propose amendments to the Constitution or
to propose and enact legislations through an election called for the
purpose.chanrobles virtual law library There
are three (3) systems of initiative, namely: a.1 Initiative
on the Constitution which refers to a petition proposing amendments to
the Constitution; chana.2. Initiative
on statutes which refers to a petition proposing to enact a national
legislation;
and
a.3. Initiative
on local legislation which refers to a petition proposing to enact a
regional,
provincial, city, municipal, or barangay law, resolution or
ordinance. (b) "Indirect
initiative" is exercise of initiative by the people through a
proposition
sent to Congress or the local legislative body for action.chanrobles virtual law library (c) "Referendum"
is the power of the electorate to approve or reject a legislation
through
an election called for the purpose. It may be of two classes,
namely: c.1. Referendum
on statutes which refers to a petition to approve or reject an act or
law,
or part thereof, passed by Congress; and c.2. Referendum
on local law which refers to a petition to approve or reject a law,
resolution
or ordinance enacted by regional assemblies and local legislative
bodies. chanrobles virtuallaw libraryred (d) "Proposition"
is the measure proposed by the voters.chanrobles virtual law library (e) "Plebiscite"
is the electoral process by which an initiative on the Constitution is
approved or rejected by the people.chanrobles virtual law library
(f) "Petition"
is the written instrument containing the proposition and the required
number
of signatories. It shall be in a form to be determined by and submitted
to the Commission on Elections, hereinafter referred to as the
Commission.
(g) "Local
government units" refers to provinces , cities, municipalities and
barangays.
(h) "Local
legislative bodies" refers to the Sangguniang Panlalawigan, Sangguniang
Panlungsod, Sangguniang Bayan, and Sangguniang Nayon. chanrobles virtuallaw libraryred
(i) "Local
executives" refers to the Provincial Governors, City or Municipal
Mayors
and Punong Barangay, as the case may be.
Sec.
4. Who may exercise. — The power
of initiative and referendum may be exercised by all registered voters
of the country, autonomous regions, provinces, cities, municipalities
and
barangays.chanrobles virtual law library
Sec.
5. Requirements. — (a) To exercise
the power of initiative or referendum, at least ten per centum (10%) of
the total number of the registered voters, of which every legislative
district
is represented by at least three per centum (3%) of the registered
voters
thereof, shall sign a petition for the purpose and register the same
with
the Commission.
(b) A
petition for an initiative on the 1987 Constitution must have at least
twelve per centum (12%) of the total number of registered voters as
signatories,
of which every legislative district must be represented by at least
three
per centum (3%) of the registered voters therein. Initiative on the
Constitution
may be exercised only after five (5) years from the ratification of the
1987 Constitution and only once every five (5) years thereafter. chanrobles virtuallaw libraryred
(c) The
petition shall state the following:
c.1. contents
or text of the proposed law sought to be enacted, approved or rejected,
amended or repealed, as the case may be; c.2. the
proposition;
c.3. the
reason or reasons therefor;
c.4. that
it is not one of the exceptions provided herein; chanrobles virtuallaw libraryred
c.5. signatures
of the petitioners or registered voters; and
c.6. an
abstract or summary in not more than one hundred (100) words which
shall
be legibly written or printed at the top of every page of the petition.
(d) A
referendum or initiative affecting a law, resolution or ordinance
passed
by the legislative assembly of an autonomous region, province or city
is
deemed validly initiated if the petition thereof is signed by at least
ten per centum (10%) of the registered voters in the province or city,
of which every legislative district must be represented by at least
three
per centum (3%) of the registered voters therein; Provided, however,
That
if the province or city is composed only of one (1) legislative
district,
then at least each municipality in a province or each barangay in a
city
should be represented by at least three per centum (3%) of the
registered
voters therein.chanrobles virtual law library
(e) A
referendum of initiative on an ordinance passed in a municipality shall
be deemed validly initiated if the petition therefor is signed by at
least
tenper centum (10%) of the registered
voters in the municipality, of which every barangay is represented by
at
least three per centum (3%) of the registered voters therein.chanrobles virtual law library
(f) A
referendum or initiative on a barangay resolution or ordinance is
deemed
validly initiated if signed by at least ten per centum (10%) of the
registered
voters in said barangay.
Sec.
6. Special Registration. — The
Commission on Election shall set a special registration day at least
three
(3) weeks before a scheduled initiative or referendum.cralaw:red
Sec.
7. Verification of Signatures.
— The Election Registrar shall verify the signatures on the basis of
the
registry list of voters, voters' affidavits and voters identification
cards
used in the immediately preceding election. chanrobles virtuallaw libraryred
II
National
Initiative and Referendum
Sec.
8. Conduct and Date of Initiative
or Referendum. — The Commission shall call and supervise the conduct of
initiative or referendum. chanrobles virtuallaw libraryred
Within
a period of thirty (30) days from receipt of the petition, the
Commission
shall, upon determining the sufficiency of the petition, publish the
same
in Filipino and English at least twice in newspapers of general and
local
circulation and set the date of the initiative or referendum which
shall
not be earlier than forty-five (45) days but not later than ninety (90)
days from the determination by the Commission of the sufficiency of the
petition.
Sec.
9. Effectivity of Initiative
or Referendum Proposition. — (a) The Proposition of the enactment,
approval,
amendment or rejection of a national law shall be submitted to and
approved
by a majority of the votes cast by all the registered voters of the
Philippines.cralaw:red
If,
as certified to by the Commission, the proposition is approved by a
majority
of the votes cast, the national law proposed for enactment, approval,
or
amendment shall become effective fifteen (15) days following completion
of its publication in the Official Gazette or in a newspaper of general
circulation in the Philippines. If, as certified by the Commission, the
proposition to reject a national law is approved by a majority of the
votes
cast, the said national law shall be deemed repealed and the repeal
shall
become effective fifteen (15) days following the completion of
publication
of the proposition and the certification by the Commission in the
Official
Gazette or in a newspaper of general circulation in the
Philippines. chanrobles virtuallaw libraryred
However,
if the majority vote is not obtained, the national law sought to be
rejected
or amended shall remain in full force and effect.
(b) The
proposition in an initiative on the Constitution approved by a majority
of the votes cast in the plebiscite shall become effective as to the
day
of the plebiscite.
(c) A
national or local initiative proposition approved by majority of the
votes
cast in an election called for the purpose shall become effective
fifteen
(15) days after certification and proclamation by the Commission.
Sec.
10. Prohibited Measures. — The
following cannot be the subject of an initiative or referendum
petition:
(a) No
petition embracing more than one (1) subject shall be submitted to the
electorate; and chanrobles virtuallaw libraryred(b) Statutes
involving emergency measures, the enactment of which are specifically
vested
in Congress by the Constitution, cannot be subject to referendum until
ninety (90) days after its effectivity.chanrobles virtual law library
Sec.
11. Indirect Initiative. — Any
duly accredited people's organization, as defined by law, may file a
petition
for indirect initiative with the House of Representatives, and other
legislative
bodies. The petition shall contain a summary of the chief purposes and
contents of the bill that the organization proposes to be enacted into
law by the legislature.
The
procedure to be followed on the initiative bill shall be the same as
the
enactment of any legislative measure before the House of
Representatives
except that the said initiative bill shall have precedence over the
pending
legislative measures on the committee.chanrobles virtual law library
Sec.
12. Appeal. — The decision of
the Commission on the findings of the sufficiency or insufficiency of
the
petition for initiative or referendum may be appealed to the Supreme
Court
within thirty (30) days from notice thereof. chanrobles virtuallaw libraryred
III
Local
Initiative and Referendum
Sec.
13. Procedure in Local Initiative.
— (a) Not less than two thousand (2,000) registered voters in case of
autonomous
regions, one thousand (1,000) in case of provinces and cities, one
hundred
(100) in case of municipalities, and fifty (50) in case of barangays,
may
file a petition with the Regional Assembly or local legislative body,
respectively,
proposing the adoption, enactment, repeal, or amendment, of any law,
ordinance
or resolution.chanrobles virtual law library
(b) If
no favorable action thereon is made by local legislative body within
(30)
days from its presentation, the proponents through their duly
authorized
and registered representative may invoke their power of initiative,
giving
notice thereof to the local legislative body concerned. chanrobles virtuallaw libraryred
(c) The
proposition shall be numbered serially starting from one (1). The
Secretary
of Local Government or his designated representative shall extend
assistance
in the formulation of the proposition.
(d) Two
or more propositions may be submitted in an initiative. chanrobles virtuallaw libraryred
(e) Proponents
shall have one hundred twenty (120) days in case of autonomous regions,
ninety (90) days in case of provinces and cities, sixty (60) days in
case
of municipalities, and thirty (30) days in case of barangays, from
notice
mentioned in subsection (b) hereof to collect the required number of
signatures.cralaw:red
(f) The
petition shall be signed before the Election Registrar, or his
designated
representative, in the presence of a representative of the proponent,
and
a representative of the regional assemblies and local legislative
bodies
concerned in a public place in the autonomous region or local
government
unit, as the case may be. Signature stations may be established in as
many
places as may be warranted.cralaw:red
(g) Upon
the lapse of the period herein provided, the Commission on Elections,
through
its office in the local government unit concerned shall certify as to
whether
or not the required number of signatures has been obtained. Failure to
obtain the required number is a defeat of the proposition.
(h) If
the required number of the signatures is obtained, the Commission shall
then set a date for the initiative at which the proposition shall be
submitted
to the registered voters in the local government unit concerned for
their
approval within ninety (90) days from the date of certification by the
Commission, as provided in subsection (g) hereof, in case of autonomous
regions, sixty (60) days in case of the provinces and cities,
forty-five
(45) days in case of municipalities, and thirty (30) days in case of
barangays.
The initiative shall then be held on the date set, after which the
results
thereof shall be certified and proclaimed by the Commission on
Elections. chanrobles virtuallaw libraryred
Sec.
14. Effectivity of Local Propositions.
— If the proposition is approved by a majority of the votes cast, it
shall
take effect fifteen (15) days after certification by the Commission as
if affirmative action thereon had been made by the local legislative
body
and local executive concerned. If it fails to obtain said number of
votes,
the proposition is considered defeated.chanrobles virtuallaw libraryred
Sec.
15. Limitations on Local Initiatives.
— (a) The power of local initiative shall not be exercised more than
once
a year.cralaw:red
(b) Initiative
shall extend only to subjects or matters which are within the legal
powers
of the local legislative bodies to enact.cralaw:red
(c) If
at any time before the initiative is held, the local legislative body
shall
adopt in toto the proposition presented, the initiative shall be
cancelled.
However, those against such action may, if they so desire, apply for
initiative
in the manner herein provided.cralaw:red
Sec.
16. Limitations Upon Local Legislative
Bodies. — Any proposition or ordinance or resolution approved through
the
system of initiative and referendum as herein provided shall not be
repealed,
modified or amended, by the local legislative body concerned within six
(6) months from the date therefrom, and may be amended, modified or
repealed
by the local legislative body within three (3) years thereafter by a
vote
of three-fourths (3/4) of all its members: Provided, however, that in
case
of barangays, the period shall be one (1) year after the expiration of
the first six (6) months.cralaw:red
Sec.
17. Local Referendum. — Notwithstanding
the provisions of Section 4 hereof, any local legislative body may
submit
to the registered voters of autonomous region, provinces, cities,
municipalities
and barangays for the approval or rejection, any ordinance or
resolution
duly enacted or approved.cralaw:red
Said
referendum shall be held under the control and direction of the
Commission
within sixty (60) days in case of provinces and cities, forty-five (45)
days in case of municipalities and thirty (30) days in case of
barangays.chanrobles virtuallaw libraryred
The
Commission shall certify and proclaim the results of the said
referendum.cralaw:red
Sec.
18. Authority of Courts. — Nothing
in this Act shall prevent or preclude the proper courts from declaring
null and void any proposition approved pursuant to this Act for
violation
of the Constitution or want of capacity of the local legislative body
to
enact the said measure. chanrobles virtuallaw libraryred
IV
Final
Provisions
Sec.
19. Applicability of the Omnibus
Election Code. — The Omnibus Election Code and other election laws, not
inconsistent with the provisions of this Act, shall apply to all
initiatives
and referenda.chanrobles virtual law library
Sec.
20. Rules and Regulations. —
The Commission is hereby empowered to promulgate such rules and
regulations
as may be necessary to carry out the purposes of this Act.chanrobles virtuallaw libraryred
Sec.
21. Appropriations. — The amount
necessary to defray the cost of the initial implementation of this Act
shall be charged against the Contingent Fund in the General
Appropriations
Act of the current year. Thereafter, such sums as may be necessary for
the full implementation of this Act shall be included in the annual
General
Appropriations Act.cralaw:red
Sec.
22. Separability Clause. — If
any part or provision of this Act is held invalid or unconstitutional,
the other parts or provisions thereof shall remain valid and
effective. chanrobles virtuallaw libraryred
Sec.
23. Effectivity. — This Act shall
take effect fifteen (15) days after its publication in a newspaper of
general
circulation. chanrobles virtuallaw libraryred
Approved:
August 4, 1989
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