Political Law: Lambino vs. COMELEC [G.R. No. 174153, October 25, 2006]

POLITICAL LAW

Lambino vs.COMELEC

[G.R. No. 174153, October 25, 2006]

(case digest/notes)

 FACTS

Petitioners Lambino group commenced in gathering signatures for an initiative petition to change the 1987 Constitution modifying Article 6 and Article 7 and adding transitory provision. 

The proposed change will shift the present Bicameral-Presidential System to a Unicameral-Parliamentary form of government.

They petitioned to COMELEC and had the support of 6M individuals constuting at least 12% of all registers votes with each legislative district represented by at least 3% of its registered voters.

ISSUE/S

Whether or not the Lambino group complied on the ground of their acquisition?

PRINCIPLES/HELD

The phrase "directly proposed by the people through initiative upon a petition" - means that the draft of the proposed constitutional amendment should be ready and shown to the people before they sign such proposal.

Before they sign the proposal, a draft must already been shown to them. The entire proposal on its face is a petition by the people.

Two (2) essential elements:

1.  The people must author and thus sign the entire proposal. No agent or representative can sign on their behalf.
2. As an intiative upon a petition, the proposal must be embodied in a petition.

The full text of the proposed amendments may be either written on the face of the petition or attached to it. If attached, the petition must state such fact of attachment.

The requirement is that, the people must first see the full text of the proposed amendments before they sign to signify their assent, and that the people must sign on an initiative petition that contains full text of proposed amendments.

Rationale: It can pose a significant potential for fraud.

Purpose: To provide sufficient information so that the registered voters can intelligently evaluate whether to sign the initiative petition or not.

The initiative signer must be informed at the time of signing the nature and effect of that which is proposed. Otherwise, deceptive and misleading will render the initiative void.

Proponents bear the burden of proving that the complied with the constitutional requirements in gathering the signatures.

The Lambino group did not attach to their present petition the copy of the paper that the people signed, they only submitted a signature sheet, merely asking a question of the shift.

Logrolling- when the initiative petition incorporates an unrelated subject matter in the same petition.
Effect: To nullify the entire proposition and not only the unrelated subject matter.

Combining multiple propositions into one proposal constitutes "logrolling". It confuses and deceives people.

Three(3) modes of amending/revising the Constitution:

1. Congress upon vote of 3/4 of ALL its members.
2. Constitutional Convention
3. Amendments to the Constitution through People's Initiative

The framers intended that Congress and Constitutional Convention may propose revision to the Constitution, however, People's Initiative may only propose amendments.

It is a fundamental principle that a Constitution can only be revised or amended in the manner prescribed by the instrument itself, and that any attempt to revise a constitution in a manner other than the one provided in the instrument is treated as Extra-Constitutional or Revolutionary.

Revision- broadly implies a change that alters a basic principle in the Constitution. (E.g. altering the principles of separation of powers or the system of checks and balances)

If the change alters the substantial entirety of the Constitution, as when the change affects substantial provisions of the Constitution.

Amendment- broadly refers to a change that adds, reduces or deletes without altering the basic principle involved.

Revision, generally affects several provisions of the Constitution.
Amendment, generally affects only the specific provision being amended.

Two(2) part test:

1. Quantitative Test -asks whether the proposed change is so extensive in its provisions as to change directly the substantial entirety of the constitution by the deletion or alteration of numerous existing provisions.

The court examines only the number of provisions affected and does not consider the degree of change.

2. Qualitative Test- inquires into the qualitative effects of te proposed change in the constitution.

The main inquiry is whether the change will accomplish such far reaching changes in the nature of our basic governmental plan as to amount to a revision.

Lambino's group initiative is Revision. By any legal test and under any jurisdiction, a shift from Bicameral-Presidential to a Unicameral-Parliamentary system, involving abolition of the office of the President and chamber of Congress is beyond doubt a Revision.

Revision requires harmonizing not only several provisions, but also the altered principles.