Lawyers Shalom and Shanon, together with other individuals (Sha Group), commenced gathering signatures for an initiative petition to change the 1987 Constitution. The Sha Group filed a petition with the COMELEC to hold a plebiscite that will ratify their Initiative Petition. The Initiative Petition seeks among others, to change the 1987 Constitution by modifying Sections 1-7 of Article VI (Legislative Department) and Sections 1-4 of Article VII (Executive Department). The proposed changes will shift the present Bicameral-Presidential system to a Unicameral-Parliamentary form of government. The Sha Group alleged that the Initiative Petition had the support of more than 6.3 million individuals constituting at least twelve per centum (12%) of all registered voters, with each legislative district represented by at least three per centum (3%) of its registered voters. Should the petition be granted? Explain.
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Answer: No, the petition filed by the Sha Group should not be granted.
Legal Basis: Under Article XVII, Section 2 of the 1987 Constitution, a people's initiative can only propose amendments, not revisions. In Lambino v. COMELEC, the Supreme Court ruled that an amendment alters specific provisions, whereas a revision alters basic constitutional principles (like separation of powers) or overhauls the substantial entirety. Courts evaluate this using the quantitative test (number of provisions affected) and qualitative test (far-reaching structural changes).
Application: Shifting from a Bicameral-Presidential to a Unicameral-Parliamentary system is a revision. Quantitatively, modifying Articles VI and VII overhauls substantial core provisions. Qualitatively, merging executive and legislative branches and abolishing the Senate radically alters the separation of powers and checks and balances. Gathering 6.3 million signatures cannot bypass constitutional limits on initiatives.
Conclusion: Therefore, the COMELEC must deny the petition. Because the proposal is a constitutional revision, it cannot be effected through a people's initiative.
Quick check
Should the petition for a plebiscite filed by the Sha Group be granted?
Under Article XVII, Section 2 of the 1987 Constitution and Lambino v. COMELEC, a people's initiative can only propose constitutional amendments, not revisions. Shifting the form of government from a Bicameral-Presidential system to a Unicameral-Parliamentary system alters the basic structure of government and the separation of powers. This constitutes a constitutional revision, which can only be proposed by Congress (acting as a Constituent Assembly) or a Constitutional Convention.