Case Digest: Lambino v. COMELEC, G.R. No. 174153, October 25, 2006

Political Law Review | The 1987 Constitution

  • On February 15, 2006, Raul Lambino and Erico Aumentado began gathering signatures for a people’s initiative to amend the 1987 Constitution.

  • On August 25, 2006, the Lambino Group filed a petition with the COMELEC to conduct a plebiscite to ratify their proposed constitutional changes.

  • The petition claimed support from 6,327,952 registered voters, representing at least 12% of the national electorate and 3% from each legislative district.

  • The proposed changes included amendments to Sections 1–7 of Article VI (Legislative Department), Sections 1–4 of Article VII (Executive Department), and the addition of Article XVIII (Transitory Provisions).

  • The initiative sought to change the form of government from a bicameral-presidential system to a unicameral-parliamentary system.

  • On August 30, 2006, the Lambino Group filed an amended petition modifying the transitory provisions.

  • On August 31, 2006, the COMELEC denied due course to the petition, citing the Supreme Court’s ruling in Santiago v. COMELEC, which held that RA 6735 was inadequate for constitutional amendments via initiative.

  • The Lambino Group argued that Santiago was not binding and that their petition represented the sovereign will of the people.

Whether the Lambino Group’s petition for a people’s initiative to change the 1987 Constitution was valid under constitutional and statutory requirement. Petition DENIED.

1. Denied for Non-Compliance with Constitutional Requirements

  • The Court ruled that the Lambino Group’s initiative petition did not comply with Section 2, Article XVII of the 1987 Constitution.

  • This provision allows amendments to be proposed directly by the people through initiative, but only if the entire proposal is embodied in the petition and authored and signed by the people themselves.

2. Failure to Attach Full Text of the Proposal

  • The Court found that the majority of the 6.3 million signatories did not see the full text of the proposed constitutional changes.

  • The signature sheets contained only a summary, not the full proposal.

  • This violated the requirement that the people must know and understand what they are signing, rendering the petition fatally defective.

3. Nature of the Proposed Changes: A Revision, Not an Amendment

  • The Court applied the two-part test to determine whether the proposal was an amendment or a revision:

    • Quantitative Test: 

      • The proposal affected multiple provisions across Articles VI and VII and added Article XVIII.

    • Qualitative Test: 

      • The proposal sought to change the form of government from presidential to parliamentary and abolish the bicameral legislature, which are fundamental structural changes.

  • The Court concluded that the proposal constituted a revision, which cannot be done through a people’s initiative.

The Court clarified the distinction:

Concept

Definition

Scope

Example

Revision

Alters fundamental principles or the substantial entirety of the Constitution

Broad, affects multiple provisions

Changing from presidential to parliamentary government

Amendment

Adds, deletes, or modifies specific provisions without altering basic principles

Narrow, affects specific provisions

Adjusting term limits of elected officials


4. People's Initiative Limited to Amendments Only

  • The Constitution explicitly limits the scope of people’s initiative to amendments, not revisions.

  • The deliberations of the Constitutional Commission confirmed this limitation.

  • Since the Lambino proposal was a revision, the mode of initiative was constitutionally invalid.

5. On RA 6735 and Santiago Precedent

  • In Defensor-Santiago v. COMELEC, RA 6735 was declared inadequate to support constitutional initiatives.

  • In the Resolution on the Motion for Reconsideration, the Court noted that a majority of justices now considered RA 6735 sufficient.

  • However, this shift did not cure the defects in Lambino’s petition, which failed on constitutional grounds.

6. No Grave Abuse of Discretion by COMELEC

  • The COMELEC acted properly in denying due course to the petition.

  • By following the Santiago ruling, the Commission did not commit grave abuse of discretion.

7. Summary of Legal Principles Affirmed

  • A people’s initiative must include the full text of the proposed amendment.

  • The initiative must be authored and signed directly by the people, not by representatives.

  • The initiative process is limited to amendments, not revisions.

  • Even if RA 6735 is deemed sufficient, constitutional compliance is mandatory.

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