Case Digest: Santiago vs. Comelec, G.R. 127325, March 19, 1997

Political Law Review | Amendment by Proposal By the people thru initiative 


  • Atty. Jesus Delfin sought to amend the 1987 Constitution by removing term limits for elective officials through a people’s initiative. He asked COMELEC to set dates for signature gathering and to assist in the process.

  • COMELEC granted due course and proceeded under COMELEC Resolution No. 2300, based on R.A. No. 6735 (the Initiative and Referendum Act). 

  • The petitioners Senator Miriam Defensor Santiago, Alexander Padilla, and Maria Isabel Ongpin sought to stop implementation on the grounds that the initiative process for amending the Constitution was defective. 


Whether R.A. No. 6735 adequately implement the people’s initiative clause under Article XVII, Section 2 of the 1987 Constitution for proposing amendments

  • The Court ruled that R.A. No. 6735 is insufficient to implement the system of initiative for constitutional amendments.

  • Though the law mentions initiative on the Constitution, it lacks specific provisions on:

    • Who may file

    • How signatures are gathered and verified

    • COMELEC’s role

    • Procedures for submission and ratification

  • Therefore, no valid enabling law exists, and the constitutional provision on initiative is not self-executing.

  • Consequently, the Court held that COMELEC has no jurisdiction to act on any petition to amend the Constitution via initiative until Congress enacts a fully sufficient implementing law. 

  • Lambino v. COMELEC (2006) — Follow-up Case

    • The Supreme Court dismissed the petition, ruling that the proposed shift to a parliamentary system was a revision, not a mere amendment.

    • However, in the Resolution on the Motion for Reconsideration, a majority of justices expressed the view that R.A. No. 6735 is sufficient and adequate to support a people’s initiative to amend the Constitution.

      • The Solicitor General supported the Lambino petition and urged the Court to treat RA 6735 and its implementing rules as temporary mechanisms to operationalize the initiative process until a more comprehensive law is passed. The Constitution does not require a perfect law, only one that reasonably enables the process.

    • This effectively abandoned the Santiago ruling on the inadequacy of R.A. No. 6735, although the petition still failed due to the nature of the proposed change.

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