Article 48p. 48

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

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.

(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enacted, approved or rejected, amended or repealed, as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;

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.

(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 ten per 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.

(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.

Section 6. Special Registration . — The Commission

on Election shall set a special registration day at least

three

(3)

weeks

before

a

scheduled

initiative

or

referendum.

Section 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.

II. — National Initiative and Referendum

SECTION

8.

Conduct

and

Date of Initiative or

Referendum . — The Commission shall call and supervise

the conduct of initiative or referendum.

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.

Section 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.

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.

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.

Section 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

(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.

Section 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.

Section

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.

III. — Local Initiative and Referendum

SECTION 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.

(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.

(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.

(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.

© Compiled by RGL

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