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DEFENSOR-SANTIAGO vs. COMELEC (G.R. No. 127325 - March 19 1997! Fac"s# Private respondent Atty.

Jesus Delfin, president of Peoples Initiative for Reforms, Modernization and Action (PIRMA), filed it! "#M$%$" a petition to amend t!e constitution to lift t!e term limits of elective officials, t!rou&! Peoples Initiative. 'e (ased t!is petition on Article )*II, +ec. , of t!e -./0 "onstitution, !ic! provides for t!e ri&!t of t!e people to e1ercise t!e po er to directly propose amendments to t!e "onstitution. +u(se2uently t!e "#M$%$" issued an order directin& t!e pu(lication of t!e petition and of t!e notice of !earin& and t!ereafter set t!e case for !earin&. At t!e !earin&, +enator Roco, t!e I3P, Demo4rasya5Ipa&tan&&ol an& 6onstitusyon, Pu(lic Interest %a "enter, and %a(an n& Demo4rati4on& Pilipino appeared as intervenors5oppositors. +enator Roco filed a motion to dismiss t!e Delfin petition on t!e &round t!at one !ic! is co&niza(le (y t!e "#M$%$". 7!e petitioners !erein +enator +antia&o, Ale1ander Padilla, and Isa(el #n&pin filed t!is civil action for pro!i(ition under Rule 89 of t!e Rules of "ourt a&ainst "#M$%$" and t!e Delfin petition risin& t!e several ar&uments, suc! as t!e follo in&: (-) 7!e constitutional provision on peoples initiative to amend t!e constitution can only (e implemented (y la to (e passed (y "on&ress. ;o suc! la !as (een passed< (,) 7!e peoples initiative is limited to amendments to t!e "onstitution, not to revision t!ereof. %iftin& of t!e term limits constitutes a revision, t!erefore it is outside t!e po er of peoples initiative. 7!e +upreme "ourt &ranted t!e Motions for Intervention. Iss$%s# (-) =!et!er or not +ec. ,, Art. )*II of t!e -./0 "onstitution is a self5e1ecutin& provision. (,) =!et!er or not "#M$%$" Resolution ;o. ,>?? re&ardin& t!e conduct of initiative on amendments to t!e "onstitution is valid, considerin& t!e a(sence in t!e la of specific provisions on t!e conduct of suc! initiative. (>) =!et!er t!e liftin& of term limits of elective officials amendment of t!e "onstitution. &%'(# +ec. ,, Art )*II of t!e "onstitution is not self e1ecutory, t!us, it!out implementin& le&islation t!e same cannot operate. Alt!ou&! t!e "onstitution !as reco&nized or &ranted t!e ri&!t, t!e people cannot e1ercise it if "on&ress does not provide for its implementation. 7!e portion of "#M$%$" Resolution ;o. ,>?? !ic! prescri(es rules and re&ulations on t!e conduct of initiative on amendments to t!e "onstitution, is void. It !as (een an esta(lis!ed rule t!at !at !as (een dele&ated, cannot (e dele&ated (potestas dele&ata non dele&ari potest). 7!e dele&ation of t!e po er to t!e "#M$%$" (ein& invalid, t!e latter cannot validly promul&ate rules and re&ulations to implement t!e e1ercise of t!e ri&!t to peoples initiative. 7!e liftin& of t!e term limits as !eld to (e t!at of a revision, as it ould affect ot!er provisions of t!e "onstitution suc! as t!e sync!ronization of elections, t!e constitutional &uarantee of e2ual access to opportunities for pu(lic service, and pro!i(itin& political dynasties. A revision cannot (e done (y initiative. 'o ever, considerin& t!e "ourts decision in t!e a(ove Issue, t!e issue of !et!er or not t!e petition is a revision or amendment !as (ecome academic. ould constitute a revision or an

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