The absence of an enabling law for People’s Initiative (PI) as a way to amend the Constitution, is a hump that needs to be hurdled by those pushing for charter change (cha-cha) before the midterm elections next year.
Senate President Vicente Sotto III cited the absence of an enabling law to proceed with the PI being proposed by Speaker Pantaleon Alvarez.
Sotto noted that Republic Act 6735 was passed during the 8th Congress but was shot down subsequently by the Supreme Court.
Known as “The Initiative and Referendum Act,” RA6735 states that “the power of the people under a system of initiative and referendum to directly propose, enact, approve or reject, in whole or in part, the Constitution, laws, ordinances, or resolutions passed by any legislative body upon compliance with the requirements of this Act is hereby affirmed, recognized and guaranteed.”
It defined “initiative” as the power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose.
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“We don’t have an enabling law for people’s initiative…a law was passed…but the Supreme Court struck it down…because it was inadequate,” Sotto said.
“We need to pass an enabling law and review the inadequacies,” he added.
Earlier, Sotto cited the tight Senate calendar to tackle cha-cha.
He also noted the cool reception of his fellow senators to the proposal to revise the Constitution and the cancellation of the elections next year.
“Why, is there a need (to postpone the elections)? I think that is the question that needs to be answered first,” said Sotto.
Sotto said he can personally get the “pulse” of his fellow senators regarding cha-cha and the mode on how to go about it either through constitutional assembly (con-ass) or constitutional convention (con-con) and federalism during a caucus on Tuesday.
“We will gauge what will be the stand,” said Sotto.
“Perhaps we will be able to find out that stand of the majority of the members of the Senate on cha-cha,” he also said.
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