Santiago vs. Comelec
G.R. No. 127325 March 19, 1997
Davide, Jr., J.
FACTS:
On December 6, 1996, Atty. Jesus S. Delfin filed with COMELEC a Petition to Amend the
Constitution, to Lift Term Limits of Elective Officials, by the people’s initiative which is under
Section 2 Art. XVII of the 1987 Constitution. The COMELEC then issued an order for the
publication of the petition and gives notice for a hearing.
On December 12, 1996, at the hearing of Delfin, Intervenor-oppositor Senator Raul Roco, along
with representatives for IPB, DIK, and LABAN filed a Motion to dismiss the Delfin Petition for it is
not an initiatory petition properly cognizable by the COMELEC.
On December 18, 1996, Senator Miriam Santiago petitioned to file a special civil action for
prohibition of Delfin’s petition to propose amendments with the reasons:
1. The Constitutional provision to on people’s initiative to amend the Constitution can only be
implemented by law to be passed by the Congress. No such law has been passed.
2. R.A. 63755 failed to provide subtitle initiative on the Constitution.
3. R.A. 63755 is effective after the publication or print in media, this covers laws but not
constitutional amendments because amendments are required ratification to be effective and
not after its publication.
4. COMELEC has no power to provide rules and regulations to exercise the rights of initiative to
amend the constitutional law.
5. People’s initiative is only limited to amendments of the Constitution and not revisions.
6. Congress does not have the funds required for the people’s initiative.
ISSUE:
1. Whether the Petition is viable despite the pendency in the COMELEC of the Delfin
Petition.
2. Whether R.A. 6735 is inadequate in covering the system of initiative in amendments to
the Constitution.
3. Whether the Rules of COMELEC resolution No. 2300 rules and regulations on the
conduct of the initiative on amendments to the Constitution void.
4. Whether COMELEC acted without jurisdiction or with abuse of discretion in entertaining
the Delfin petition.
RULING/DECISION:
1. The Petition is Viable and granted.
2. R.A. 6735 is inadequate in covering the system of initiative in amendments to the
Constitution.
3. Parts of Resolution No. 2300 of the COMELEC is declared void.
4. COMELEC must dismiss the petition of Delfin.
RATIO DECIDENDI:
1. Interpellation of President Aquino with the constitutional drafters concluded that lifting the term
limits of Elective Officials will affect the other laws in place therefore it would be a revision and
not an amendment. Section 2 is limited to proposals to amend but not to revise.
2. The Congress simply has not provided for its implementation yet.
3. COMELEC does not have the power to impose rules and regulations to implement the right of
the people to propose amendments in the constitution through initiative.
4. COMELEC acted without jurisdiction to support the Delfin petition, it abused its discretion and
wasted time, money, energy, and resources.