SANTIAGO VS. COMELEC [270 SCRA 106; G.R. No.

127325; 19 Mar 1997]

Facts:

Private respondent Atty. Jesus Delfin, president of Peoples Initiative for Reforms,
Modernization and Action (PIRMA), filed with COMELEC a petition to amend the
constitution to lift the term limits of elective officials, through Peoples Initiative. He
based this petition on Article XVII, Sec. 2 of the 1987 Constitution, which provides for
the right of the people to exercise the power to directly propose amendments to the
Constitution. Subsequently the COMELEC issued an order directing the publication of
the petition and of the notice of hearing and thereafter set the case for hearing. At the
hearing, Senator Roco, the IBP, Demokrasya-Ipagtanggol ang Konstitusyon, Public
Interest Law Center, and Laban ng Demokratikong Pilipino appeared as intervenors-
oppositors. Senator Roco filed a motion to dismiss the Delfin petition on the ground that
one which is cognizable by the COMELEC. The petitioners herein Senator Santiago,
Alexander Padilla, and Isabel Ongpin filed this civil action for prohibition under Rule 65
of the Rules of Court against COMELEC and the Delfin petition rising the several
arguments, such as the following: (1) The constitutional provision on peoples initiative
to amend the constitution can only be implemented by law to be passed by Congress. No
such law has been passed; (2) The peoples initiative is limited to amendments to the
Motions for Intervention.

Issues:
(1) Whether or not Sec. 2, Art. XVII of the 1987 Constitution is a self-executing
provision.

(2) Whether or not COMELEC Resolution No. 2300 regarding the conduct of initiative
on amendments to the Constitution is valid, considering the absence in the law of specific
provisions on the conduct of such initiative.

(3) Whether the lifting of term limits of elective officials would constitute a revision or an
amendment of the Constitution.

Held:
1. Sec. 2, Art XVII of the Constitution is not self executory, thus, without implementing
legislation the same cannot operate. Although the Constitution has recognized or granted
the right, the people cannot exercise it if Congress does not provide for its
implementation.

2. The portion of COMELEC Resolution No. 2300 which prescribes rules and regulations
on the conduct of initiative on amendments to the Constitution, is void. It has been an
established rule that what has been delegated, cannot be delegated (potestas delegata non
delegari potest). The delegation of the power to the COMELEC being invalid, the latter
cannot validly promulgate rules and regulations to implement the exercise of the right to
peoples initiative.

3. The lifting of the term limits was held to be that of a revision, as it would affect other
provisions of the Constitution such as the synchronization of elections, the
constitutional guarantee of equalaccess to opportunities for public service, and
prohibiting politicaldynasties. A revision cannot be done by initiative. However,
considering the Courts decision in the above Issue, the issue of whether or not the
petition is a revision or amendment has becomeacademic.