Amending the constitution in the Philippines via the People’s Initiative is a procedural approach that engages the public and necessitates two specific prerequisites.
Essential Requirements for Charter Change through People’s Initiative
- A minimum of 3% of registered voters per legislative district must endorse the petition.
- A minimum of 12% of the total registered voters must express support for the charter change.
Given the current count of 65.7 million registered voters as of August 2022, approximately 7.884 million endorsements are required to initiate charter change through the People’s Initiative.
This method is one of three ways to amend the Constitution, alongside Congress and a constitutional convention. Allegations of corruption or vote buying during this process violate the country’s Omnibus Election Code.
Timeline for Completing a People’s Initiative for Charter Change
Engaging in a People’s Initiative for Charter Change in the Philippines entails multiple steps and maybe a lengthy process:
- Collection of Signatures: Registered voters can participate in an initiative and referendum. For national legislation, at least 10% of the total registered voters in the Philippines should sign the petition for a new law. It also requires the signature of at least 3% of registered voters in each legislative district.
- Verification of Signatures: The Commission on Elections (Comelec) will verify signatures collected once the required number is reached. Signatures collected should not just be real, but should also belong to registered voters.
- Publication of the Petition: Once the petition is sufficient, the Comelec shall publish it “at least twice” in newspapers for the public to see and understand.
- National Referendum: The Comelec shall also determine the date of the national referendum, which should be held not earlier than 45 days but not later than 90 days once the petition is deemed sufficient. A national referendum is when all registered voters in the Philippines vote on the proposal set forth by the initiative. They can either vote yes or no.
- Enactment of the Law: If the proposition is approved by a majority of votes cast, the national law proposed shall become effective 15 days after its publication in the Official Gazette or a national newspaper.
Please note that these are the official steps and timeframes, but the actual duration can vary depending on various factors such as the speed of signature collection and verification, among others
As we navigate the intricate landscape of the People’s Initiative for Charter Change in the Philippines, it becomes clear that the constitutional amendment process is not only a procedural affair but a journey that actively involves the public.
From the essential prerequisites to the timeline, this brief discussion sheds light on the meticulous steps and significant milestones required for this kind of constitutional transformation to succeed.