Case Digest: PIRMA vs. COMELEC, Sept. 23, 1997

Political Law Review | Amendment by Proposal

By the people thru initiative 


  • On June 23, 1997, a group known as People’s Initiative for Reform, Modernization, and Action (PIRMA) filed a petition with COMELEC seeking to amend the Constitution through a people’s initiative. The proposal included lifting term limits on elected officials and shifting to a parliamentary system.

  • The petition was supported by an estimated five million signatures, in compliance with Republic Act No. 6735, and followed COMELEC Resolution No. 2300 procedural guidelines.

  • Petitioners Senator Miriam Defensor Santiago, Alexander Padilla, and Maria Isabel Ongpin filed a civil action for prohibition under Rule 65, arguing the initiative power in Article XVII, Section 2 is not self-executing, and that lifting term limits would amount to a revision, not an amendment.


Whether Article XVII, Section 2 (people’s initiative power) is self-executing, so that RA 6735 can suffice as its implementing law. NO

  • Article XVII, Section 2 is not self-executing; it requires implementing legislation by Congress for people’s initiative to operate constitutionally.

  • Republic Act No. 6735 is inadequate as an enabling law for constitutional amendment by initiative because it lacks procedures specifically tailored to amendment petitions.

  • COMELEC lacks jurisdiction to entertain initiative petitions proposing constitutional amendments under RA 6735 and its implementing rules (e.g. Resolution No. 2300).

  • Lifting term limits constitutes a constitutional revision, not an amendment—and thus is beyond the scope of the initiative power permitted by the Constitution.

  • As such, the Court invalidated COMELEC’s action with a permanent injunction prohibiting it from processing any initiative for constitutional amendment under existing law.


Popular posts from this blog

Equality and Human Rights: The United Nations and Human Rights System (September 16, 2023)

Sovereign Equality of States/Principle of sovereign equality UN Charter of 1945 All states are equal before international law no matter the size of their territory, population, economy or military. All states have equal rights and duties under international law, and that no state has the right to interfere in the internal affairs of another state. Positive Consequences: All states have a voice in international affairs .   All states have the opportunity to participate in international organizations and to negotiate and conclude treaties. This helps to ensure that the interests of all states are represented in the development of international law and policy. No state has the right to interfere in the internal affairs of another state.  This helps to protect the sovereignty of all states and to prevent the use of force or coercion to achieve political objectives. States have the right to develop their own political, economic, and social systems without interference from othe...
Read more

Election Laws: Requirements Before Election

REQUIREMENTS BEFORE ELECTION A. Registration Registration of Voters The right of a citizen to vote is necessarily conditioned upon certain procedural requirements he must undergo, among others, the process of registration. Registration regulates the exercise of the right of suffrage .  It is not a qualification for such right.  R.A. No. 8189, the Voter's Registration Act of 1996 (approved June 11, 1996) : Sec. 2. Declaration of Policy. It is the policy of the State to systematize the present method of registration in order to establish a clean, complete, permanent and updated list of voters. Sec. 3. Definition of Terms. – As used in this Act: Registration refers to the act of accomplishing and filing of a sworn application for registration by a qualified voter before the election officer of the city or municipality wherein he resides and including the same in the book of registered voters upon approval by the Election Registration Board; Registration Record refers to an ...
Read more

Special Rules and Proceedings: Rule 75

Special Rules and Proceedings RULE 75 Production of Will; Allowance of Will Necessary Section 1. Allowance necessary. Conclusive as to execution. — No will shall pass either real or personal estate  unless it is proved and allowed in the proper court.  Subject to the right of appeal,  such allowance of the will shall be conclusive as to its due execution. Probate  A special proceeding to establish the validity of a will. Kinds of wills A will has been defined as a species of conveyance whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree thze disposition of his estate after his death.   Under the Civil Code, there are two kinds of wills which a testator may execute.  The first is the notarial will , which must be acknowledged before a notary public by a testator and the attesting witness and is governed by Articles 804 to 809 of the Civil Code. The second is the holographic will , which Article 810 ...
Read more