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But the majority’s theory of statutory inadequacy has pre-empted—unnecessarily and invalidly, in my view—any judicial determination of such legitimacy or illegitimacy. It has silenced the quest for truth into the interstices of the PIRMA petition. In the proposed parliamentary system, there is an obvious lack of formal institutional checks on the legislative and executive powers of the state, since both the Prime Minister and the members of his cabinet are drawn from parliament. There are no effective limits to what the Prime Minister and parliament can do, except the will of the parliamentary majority.
After some time, the tread blocks of the Goodyear tires were chipping off like they were cheap re-treads. It seems that the tires were not designed for tropical climates or his car was fitted with tires that were destined for European road use. If he hadn’t noticed that the tire treads were deteriorating, the tires would have disintegrated while Arnel was driving his car at the legal limits on the toll ways. That would have been deadly and catastrophic, both for the occupants and the car brand.
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The Lambino Group also claimed that COMELEC election registrars had verified the signatures of the 6.3 million individuals. 10 The proposed Section 4, Article XVIII of the Constitution states that the interim parliament shall convene to propose amendments to, or revisions of, the Constitution within 45 days from ratification of the proposed changes. To say that the proposed changes will affect only the constitution of government is therefore a fallacy. To repeat, the combined effect of the proposed changes to Articles VI and VII and those pertaining to the Transitory Provisions under Article XVIII indubitably establish the intent and plan of the proponents to possibly affect even the constitutions of liberty and sovereignty. Indeed, no valid reason exists for authorizing further amendments or revisions to the Constitution if the intention of the proposed changes is truly what it purports to be. As applied to the initiative process, the one subject rule is essentially designed to prevent surprise and fraud on the electorate. It is meant to safeguard the integrity of the initiative process by ensuring that no unrelated riders are concealed within the terms of the proposed amendment. This in turn guarantees that the signatories are fully aware of the nature, scope and purpose of the proposed amendment.
- Copies of the draft petition for initiative containing the proposition were also circulated to the local officials and multi-sectoral groups.
- The signatories to the petition must be given an opportunity to fully comprehend the meaning and effect of the proposed changes to enable them to make a free, intelligent and well-informed choice on the matter.
- “The vitality of civil and political institutions in our society depends on free discussion.
- If the Lambino Group’s initiative constitutes a revision, then the present petition should be dismissed for being outside the scope of Section 2, Article XVII of the Constitution.
At the very least, it proposes more than one subject, in violation of Republic Act 6735. “I believe in the process of initiative as a democratic method of enabling our people to express their will and chart their history. Initiative is an alternative to bloody revolution, internal chaos and civil strife. It is an inherent right of the people—as basic as the right to elect, the right to self-determination and the right to individual liberties. I believe that Filipinos have the ability and the capacity to rise above themselves, to use this right of initiative wisely and maturely, and to choose what is best for themselves and their posterity.
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Otherwise stated, our experience of what constitutes amendment or revision under the past constitutions is not determinative of what the two terms mean now, as related to the exercise of the right to propose either amendments or revision. The changes introduced to both the Constitutions of 1935 and 1973 could have indeed been deemed an amendment or revision, but the authority for effecting either would never have been questioned since the same belonged solely to Congress. In contrast, the 1987 Constitution clearly limits the right of the people to directly propose constitutional changes to amendments only. We must consequently not be swayed by examples of constitutional changes effected prior to the present fundamental law, in determining whether such changes are revisory or amendatory in nature. It is not difficult to see that while the proposed changes appear to relate only to a shift in the form of government, it actually seeks to affect other subjects that are not reasonably germane to the constitutional alteration that is purportedly sought.
The President directed Secretary’ Moreno to speed up the construction of feeder roads and irrigation systems. Negado was ordered by the President to put up more artesian wells in places where water systems were inefficient. The President learned from the 1st MA officers that the arrest was the result of an intensified house-to-house criminals investigation by Army operatives working on the case. One of the things found by the investigators was the fact that the hand guard of a carbine picked up near the scene of the ambush fitted into the carbine allegedly used in the ambush and which was later recovered after Segundo had pointed to the place where it had been hidden.
The signature sheets do not also explain what specific amendments or revisions the initiative proponents want the interim Parliament to make, and why there is a need for such further amendments or revisions. The people are again left in the dark to fathom the nature and effect of the proposed changes. Certainly, such an initiative is not “directly proposed by the people” because the people do not even know the nature and effect of the proposed changes. Apparently, the Lambino Group inserted the proposed Section 4 to compel the interim Parliament to amend or revise again the Constitution within 45 days from ratification of the proposed changes, or before the May 2007 elections. In the absence of the proposed Section 4, the interim Parliament has the discretion whether to amend or revise again the Constitution. With the proposed Section 4, the initiative proponents want the interim Parliament mandated to immediately amend or revise again the Constitution. These essential elements are present only if the full text of the proposed amendments is first shown to the people who express their assent by signing such complete proposal in a petition. Thus, an amendment is “directly proposed by the people through initiative upon a petition” only if the people sign on a petition that contains the full text of the proposed amendments.
Vargas said the bus had been stopped by one of its passengers, a member of the civilian commando unit, in order to investigate three suspicious-looking individuals he had spotted along the roadside. December 28.—THE President today assured help to a large groups of NAMARCO employees who complained that they were being laid off as a result of the NAMARCO management’s decision abolishing all regional offices and agencies. The report was verbally given to the President by Lt. Col. Ramon Gelvezon, chief of the PC criminal investigation section, and Maj. Dominador Dawa, executive officer of PC affairs in the 1st MA. The two officers explained to the President that no money was taken from the passengers of the bus after it was rained with bullets because two trucks were seen arriving at the ambush scene and the ambushers ran away. The Chief Executive also said mathematics and physics should be compulsory subjects in public high schools.
This Court should always be in lockstep with the people in the exercise of their sovereignty. Let them who will diminish or destroy the sovereign right of the people to decide be warned. Let not their sovereignty be diminished by those who belittle their brains to comprehend changes in the Constitution as if the people themselves are not the source and author of our Constitution. Let not their sovereignty be destroyed by the masters of manipulation who misrepresent themselves as the spokesmen of the people.
Its forerunner was the Presidential Action Committee on Land Problems founded on July 31, 1970 by virtue of Executive Order No. 251. At the time, the PACLAP did not exercise quasi-judicial functions. As indicated earlier, we may apply the quantitative/qualitative test in determining the nature of the proposed changes. Thus, it is not by the sheer number alone of the proposed changes that the same may be considered as either an amendment or revision. In so determining, another overriding factor is the “original intention and plan authorized to be carried out” by the proposed changes. If the same relates to a re-examination of the entire document to see which provisions remain relevant or if it has far-reaching effects on the entire document, then the same constitutes a revision and not a mere amendment of the Constitution.
In 1981, the presidential system with parliamentary features was installed. The transfer of private land for use as residence to natural-born citizens who had lost their citizenship was also allowed. The COMELEC filed its own Comment stating that its resolution denying the petition for initiative is not tainted with grave abuse of discretion as it merely adhered to the ruling of this Court in Santiago v. COMELEC which declared that R.A. 6735 does not adequately implement the constitutional provision on initiative to amend the Constitution. It invoked the permanent injunction issued by the Court against the COMELEC from taking cognizance of petitions for initiative on amendments to the Constitution until a valid enabling law shall have been passed by Congress. It asserted that the permanent injunction covers not only the Delfin Petition, but also all other petitions involving constitutional initiatives.
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