Why People’s Initiative is doomed
When retired Chief Justice Reynato Puno suggested that the people should take the route of People’s Initiative as mandated by the 1987 Constitution, or by a Republic Act to have the pork barrel system totally abolished, there were some reservations.
These reservations came with good reason. The process is a long and tedious one.
First of all, if the people themselves take the mode of amending the Constitution to have the pork barrel system abolished, there must be a petition of at least 12 percent of the total number of registered voters, of which every legislative district must be represented by at least 3 percent of the registered voters therein.
A republic act requires only 10 percent of the total number of registered voters nationwide with the same percent of 3 percent of every legislative district.
My gulay, even if only one legislative district is not able to comply, the People’s Initiative is doomed!
Since the initiative would deprive legislators of their pork barrel where commissions, rebates and kickbacks abound, that means the greedy lawmakers would campaign against it in their legislative districts. In many districts nationwide, there are command votes dependent on how much and how far a congressman or senator can spread the gravy.
Those who agree with Puno’s proposal have to agree on which route to take—the constitutional mode, or the Republic Act. Since we have a President who doesn’t like to touch the 1987 Constitution framed during his late mother’s term, taking the constitutional route is far-fetched. Thus, we are left with the law on People’s Initiative. But that also is steeped with land mines since a lawmaker who doesn’t want his pork barrel abolished can easily campaign against it.
There is also the need to decide what amendment in the Constitution must be made or what law must be enacted. In the United States where People’s Initiative is prevalent, they call it “Proponent” or “Proposal.” It’s easier there to have the initiative prevail because it’s a federal system of government where every state has its own Congress.
And if the required number of signatures is taken, they must also be verified by the Comelec, after which a referendum will be called for that purpose.
People’s Initiative under the Constitution or by law is doable, but it’s impractical under our system of government.
So, what else can we, the people, do, but continue mounting protests nationwide, hoping that President
Aquino and Congress will listen to the people?
The next move is People Power – but do we really want to go through all that again?
source: Manila Standard Column of Emil Jurado
Personal Note:
ARTICLE 6 - THE LEGISLATIVE DEPARTMENT
Section 1. The legislative power shall be vested in the Congress of
the Philippines which shall consist of a Senate and a House of Representatives,
except to the extent reserved to the people by the provision on initiative and
referendum.
Section 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.
.
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