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Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments:
Source: Constitution, Art. VI, Sec. 32; Art. XVI, Sec. 2; Art. XVII, Sec. 2, 3, 4; Art. XVII, Sec. 25: http://www.gov.ph/constitutions/1987-constitution/ (2016)
Republic Act No. 6735 "The Initiative and Referendum Act": http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLaws/RA6735 (2016)
Verified: 2016/05/12
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments: Constitutional Provisions:
Art. XVI, Sec. 2: The Congress may, by law, adopt a new name for the country, a national anthem, or a national seal, which shall all be truly reflective and symbolic of the ideals, history, and traditions of the people. Such law shall take effect only upon its ratification by the people in a national referendum.
Art. XVII, Sec. 4: Any amendment to, or revision of, the Constitution shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than sixty days nor later than ninety days after the approval of such amendment or revision.
Art. XVIII, Sec. 25: After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of America concerning Military Bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State.
Source: Constitution, Art. XVI, Sec. 2; Art. XVII, Sec. 4; Art. XVIII, Sec. 25: http://www.gov.ph/constitutions/1987-constitution/ (2016)
Republic Act No. 6735 "The Initiative and Referendum Act": http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLaws/RA6735 (2016)
Verified: 2016/05/12
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
a . Yes
Comments: Constitutional Provisions:
Art. VI, Sec. 32: The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof.
Art. XVII, Sec. 3: The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention.
Source: Constitution, Art. VI, Sec. 32; Art. XVII, Sec. 3: http://www.gov.ph/constitutions/1987-constitution/ (2016)
Republic Act No. 6735 "The Initiative and Referendum Act": http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLaws/RA6735 (2016)
Verified: 2016/05/12
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
a . Yes
Comments: Art. VI, Sec. 32: The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof.
Art. XVII, Sec. 2: Amendments to the Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered votes therein.
Source: Constitution, Art. VI, Sec. 32; Art. XVII, Sec. 2: http://www.gov.ph/constitutions/1987-constitution/ (2016)
Republic Act No. 6735 "The Initiative and Referendum Act": http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLaws/RA6735 (2016)
Verified: 2016/05/12
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
a . Yes
Comments:
Source: Constitution, Art. VI, Sec. 32: http://www.gov.ph/constitutions/1987-constitution/ (2016)
Republic Act No. 6735 "The Initiative and Referendum Act", Sec. 3, 11: http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLaws/RA6735 (2016)
Verified: 2016/05/12
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Constitution: http://www.gov.ph/constitutions/1987-constitution/(2016)
Republic Act No. 6735 "The Initiative and Referendum Act": http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLaws/RA6735 (2016)
Verified: 2016/05/12
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments:
Source: Constitution, Art. VI, Sec. 32; Art. XVI, Sec. 2; Art. XVII, Sec. 2, 3, 4; Art. XVII, Sec. 25: http://www.gov.ph/constitutions/1987-constitution/ (2016)
Verified: 2016/05/12
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
c . Both constitutional and other issues
Comments:
Source: Constitution, Art. VI, Sec. 32; Art. XVI, Sec. 2; Art. XVII, Sec. 2, 3, 4; Art. XVII, Sec. 25: http://www.gov.ph/constitutions/1987-constitution/ (2016)
Verified: 2016/05/12
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments: Constitution, Art. X, Sec. 3: The Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of the local units.
Source: Constitution, Art. X, Sec. 3: http://www.gov.ph/constitutions/1987-constitution/ (2016);
Republic Act No. 6735 "The Initiative and Referendum Act": http://www.comelec.gov.ph/?r=References/RelatedLaws/ElectionLaws/OtherElectionLaws/RA6735 (2016)
Verified: 2016/05/12
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