Draft charter set; Auto PI included

The Consultative Committee (Con-Com) to amend the Constitution targets the submission of a final draft of the Federal Charter to President Duterte on July 9 that will contain an automatic provision for People’s Initiative (PI), which is a process that empowers citizens to directly amend the law.

Under the 1987 Constitution, there is no provision for direct powers of citizens to directly exercise legislation. Under section 32, Congress can “provide a system of initiative and referendum.”

The Con-Com is completing three more articles on federated regions, transitory provisions, and some minor amendments.

A draft of the new Constitution will then be voted on in an en banc session on June 14.

Under the Con-Com’s proposal, a petition for PI requires the signatures of at least 30 percent of the votes cast in the last national elections, of which every federated region must be represented by at least 10 percent of such votes.

The signatures of at least 12 percent of the votes cast in the last national elections, of which every federated region are represented by at least three percent of such votes launches a PI.

To enact, amend, or reject a federal law, signatures of at least 10 percent of votes cast in the last national elections, of which every federated region must be represented by at least three percent of such votes, is needed.

Under the Initiative and Referendum Act of the Con-Com proposal, the signatures will be based on the total registered voters instead of the number of votes cast in the last national elections. Comelec to set vote

Verified PI petitions and the draft of the proposal shall be submitted to the Commission on Elections (Comelec).

If the PI seeks a revision of the Constitution, the next step would be for the Comelec to set a date for a plebiscite on the proposal.

The plebiscite should take place not less than six months from the proposal’s submission.

If the PI will be for the enactment, amendment, or repeal of a law, the Comelec should refer it to the proposed Constitutional Court which will then determine whether or not the proposal is consistent with the Constitution.

A favorable ruling by the Court will then put the proposal to a plebiscite or referendum in the next national election as long as it takes place not earlier than 6 months from certification.

The Con-Com proposal also requires the Comelec to ensure the launch of a public information campaign about the legislative measures proposed under the PI.

Such campaigns will be through the distribution of pamphlets, the publication of the measure in at least three national newspapers, and for broadcast materials, and the holding of public fora in every province and highly urbanized city.

A PI proposal approved in a plebiscite or referendum cannot be revised or amended for one year after its effectivity.

It can also be revised by two-thirds vote of the Senate and the House of Representatives, voting separately.

Members of the ConCom will soon hold regional presentation and consultation on the draft charter that will be undertaken with the Presidential Management Staff Office of the Regional Concerns, representatives from the Department of the Interior and Local Government (DILG,) the Presidential Communications Operations Office (PCOO,) and the Philippine Information Agency (PIA).

The consultations will be held in Dumaguete City from June 17 to 19; Butuan City and Legazpi City from June 21 to 23; and in Baguio and Tacloban City from June 25 to 27.

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