CONSTITUTIONAL LAW NOTES

CONSTITUTIONAL LAW NOTES

By: Evelyn Chua Bergantinos-De Matias

PEOPLE’S INITIATIVE AND REFERENDUM

(Lambino et al. vs Comelec GR No. 174153)

3 Ways to Amend Constitution:

1. thru Congress by ¾ of votes by its members } can propose both revision & amendment

2. thru Constitutional Commission                    } of Constitution

3. thru People’s Initiative   à may only propose an amendment of the Constitution

Requirements for People’s Initiative:

1. People must author and sign the proposal with no agent or representative allowed to sign on their behalf.
2. The full text of the proposed amendments must be written on the face of the petition or attached to it.

PARTY LIST INVIOLABLE PARAMETERS:

(Veterans vs Comelec GR no. 136781)

1. 20% Allocation à combined no, of all party list congressmen shall not exceed 20% of the total membership of the House of Representative
2. 2% Threshold  à only parties garnering a minimum of 2% of the total valid votes cast for the party list system are qualified to have a seat in the House
3. 3-seat Limit  à each qualified party, regardless of the no, of votes it actually obtained is entitled to a maximum of 3 seats only – 1 qualifying and 2 additional seats
4. Proportionate Representation  à the additional seat which a qualified party is entitled to shall be computed in proportion to their total no. of votes

GUIDELINES FOR POLITICAL PARTIES TO BE REGISTERED UNDER THE PARTY LIST SYSTEM

(Ang Bagong Bayani-OFW Labor Party vs Comelec  GR NO. 147589)

1. Must represent marginalized and under-represented sectors
2. Major political parties must comply with this statutory policy
3. Must be subject to Constitutional prohibition against religious sects
4. Party must not be disqualified under RA 7941 (Party List System Act)
5. Party must not be an adjunct to projects funded by the govt.
6. Party and its representatives must comply with the law requirements
7. The nominee must represent a marginalized or under-represented sector
8. The nominee must be able to contribute to the formulation and enactment of appropriate legislation that will benefit the nation.

ANIMOS MANINDI  à  intention to return permanently and reside in the place of origin

ANIMOS REVERTINDI à continuously going back to the place of residence