In recent weeks, the term “People’s Initiative” has gained prominence as reports surfaced regarding a signature campaign aiming to amend the 1987 Constitution.
The focus centers on tweaking Article 17 Section 1, allowing all members of Congress to jointly vote on proposed amendments.
This initiative draws attention to the complex process of constitutional change and raises questions about its feasibility and potential ramifications.
Navigating the Labyrinth: Steps in People’s Initiative
The journey of People’s Initiative involves several intricate steps, starting with the collection of signatures. The petition must garner support from at least 12% of the total registered voters, with each legislative district contributing at least 3%.
Dr. Julio Teehankee of De La Salle University emphasizes the practical challenges, noting that failure in even a single district could nullify the entire initiative.
Filing the petition with the Commission on Elections (Comelec) follows signature collection.
The Comelec then assesses the sufficiency of the petition’s form, leading to a meticulous verification of signatures, a process that Teehankee identifies as a significant hurdle.
He raises concerns about logistical issues and the clarity of understanding among signatories.
Once verified, the process proceeds to setting a national referendum.
The Comelec schedules a plebiscite within 60 to 90 days from the determination of the petition’s sufficiency.
The ballot includes a clear proposition, and voters express their approval or disapproval. In the end, a majority vote in favor ratifies the proposed constitutional amendments.
The Procedural Ballet
- Signature Quest: The labyrinthine path begins with the daunting task of securing signatures—12% nationally, with a district-wise breakdown requiring at least 3% representation.
- Petition Pilgrimage: With signatures in hand, the petition makes its way to the Commission on Elections (Comelec).
- Comelec’s Gaze: Comelec scrutinizes the petition to ascertain its sufficiency in form.
- Ink Authentication: The signature verification process emerges as a logistical quandary, ensuring authenticity and registration status.
- National Referendum Overture: Successfully authenticated petitions set the stage for a national plebiscite, to be scheduled by Comelec within 60 to 90 days from the petition’s deemed sufficiency.
- Democracy by Majority: The culmination occurs as the majority’s decision in the plebiscite dictates the fate of the proposed amendment.
History Repeats Itself? A Unique Approach to Charter Change
Past attempts at constitutional amendments via People’s Initiative faced roadblocks, with the Supreme Court rejecting proposals during the administrations of Fidel Ramos and Gloria Macapagal-Arroyo.
However, the current initiative led by President Ferdinand “Bongbong” Marcos Jr. takes a unique approach. Rather than directly asking voters about amending the Constitution, it seeks their opinion on allowing Congress members to jointly vote on proposed amendments, addressing a perceived ambiguity in the Constitution.
Teehankee acknowledges the political ingenuity of this approach, stating, “By the law of averages, baka makalusot na (this might succeed).”
The Evolution of People’s Initiative:
Beyond constitutional amendments, People’s Initiative has been invoked for various purposes, including national legislations, particularly during the term of former President Rodrigo Duterte.
However, challenges arise, as seen in the 2014 attempt to enact a law against the Priority Development Assistance Fund, which did not lead to a national referendum.
The recent rejection of ABS-CBN’s franchise renewal prompted discussions about direct public involvement in legislation through People’s Initiative.
However, legal expert Emil Marañon cautions against its current feasibility, citing budgetary and logistical constraints, Rappler reported.
Controversies and Allegations: A Dark Cloud Over People’s Initiative under Marcos regime
Recent reports reveal alleged irregularities in the signature campaign, with individuals claiming they were offered financial incentives to sign.
Lawmakers expressed opposition to this “people’s initiative,” denouncing it as a scheme to consolidate power rather than a genuine expression of the people’s will.
Vice President Sara Duterte condemns the exploitation of citizens’ poverty for signatures, emphasizing the serious consequences of trading votes for financial aid.
Constitutional Crisis Looming? The Warning of Retired Justice Carpio
Retired Supreme Court Justice Antonio Carpio issues a warning that the ongoing People’s Initiative could lead to a constitutional crisis.
He argues that sidelining the Senate undermines the checks and balances system. Carpio suggests inserting proposed laws related to foreign investments into existing legislation, questioning the need for a multi-step process.
As debates intensify, the Senate faces calls to consider Charter Change, with proponents arguing that amendments are crucial for economic growth and job creation.
A Tumultuous Journey Ahead
The unfolding drama of People’s Initiative for Charter Change paints a complex picture of political maneuvering, legal intricacies, and public engagement.
As the process continues, the nation watches closely, grappling with questions of transparency, legitimacy, and the fundamental principles of democratic governance.
The outcome remains uncertain, but one thing is clear – the journey is far from over.
The Daily Netizen 