Nothing Special   »   [go: up one dir, main page]

Local Initiative and Referendum

Download as pptx, pdf, or txt
Download as pptx, pdf, or txt
You are on page 1of 14

LOCAL INITIATIVE AND

REFERENDUM
Meaning of Local Initiative and
Referendum
• Local Initiative is the legal process whereby the
registered voters of a local government unit may
directly propose, enact or amend any ordinance.

• Referendum is the legal process whereby the


registered voters of a local government unit may
approve, amend or reject any ordinance enacted by
the Sanggunian.
Distintion between Local
Initiative and Referendum
• Initiative is entirely the work of the electorate, while
referendum is begun and consented to by the law-
making body.
• Initiative is a process of law-making by the people
themselves without the participation and against the
wishes of their elected representatives, while
referendum consists merely of the electorate
approving or rejecting what has been drawn up by the
legislative body.
• Voting in initiative is more complex, while in a
referendum the voters will simply vote ‘yes’ or ‘no’.
Procedure in Local Initiative
1. Not less than 1,000 registered voters in case of
provinces and cities, 100 in case of municipalities,
and 50 in case of barangays, may file a petition with
the Sanggunian concerned proposing the adoption,
enactment, repeal, or amendment of an ordinance.
Procedure in Local Initiative
2. If no favorable action is taken thereon by the
Sanggunian concerned within 30 days from its
presentation, the proponents, through their duly
authorized and registered representatives, may
invoke their power of initiative, giving notice thereof
to the Sanggunian concerned.
Procedure in Local Initiative
3. The proposition shall be numbered serially
starting from Roman Numeral I. The Comelec or its
designated representative shall extend assistance in
the formulation of the proposition.

Two or more propositions may be submitted in an


initiative.
Procedure in Local Initiative
4. Proponents shall have 90 days in case of
provinces and cities, 60 days in case of
municipalities, and 30 days in case of barangays,
from notice to the Sanggunian concerned to collect
the required number of signatures.
Procedure in Local Initiative
5. The petition shall be signed before the election
registrar, or his designated representative, in the
presence of the representative of the proponent, and
the representative of the Sanggunian concerned in a
public place in the LGU, as the case may be.
Stations for collecting signatures may be
established in as many places as may be warranted.
Procedure in Local Initiative
6. Upon the lapse of the period provided by the Code,
the Comelec through its office in the LGU
concerned, shall certify as to whether or not the
required number of signatures has been obtained.
Failure to obtain the required number defeats the
proposition.
Procedure in Local Initiative
7. If the required number of signatures is obtained,
the Comelec shall then set a date for the initiative
during which the proposition shall be submitted to
the registered voters in the LGU concerned for their
approval within 60 days from date of certification by
the Comelec in case of provinces and cities, 45 days
in the case of municipalities, and 30 days in case oif
barangays. The initiative shall be held on the date
set, after which the result thereof shall be certified
and proclaimed by the Comelec.
Effectivity of Local Propositions
If the proposition is approved by a majority of the
votes cast, it shall take effect 15 days after
certification by the Comelec as if affirmative action
thereon had been made by the Sanggunian and local
chief executive concerned. If it fails to obtain
majority of the votes cast, the proposition is deemed
defeated.
Limitations on Local Initiative
• The power of local initiative shall not be exercised
more than once a year.
• Initiative shall extend only to subjects or matters
within the legal powers of the Sanggunian to enact.
• If at any time before the initiative is held, the
Sanggunian concerned adopts in toto the
proposition presented and the local chief executive
approves the same, the initiative shall be
cancelled. However, those against such action
may, if they so desire, apply for initiative.
Limitations upon the Sanggunian
• Any proposition approved through the system of
initiative and referendum shall not be repealed,
modified or amended by the Sanggunian concerned
within 6 months from the date of approval thereof,
and may be amended, modified or repealed by the
Sanggunian within 3 years thereafter by a vote of ¾
of all its members. In case of barangays, the period
shall be 18b months after the approval thereof.
Local Referendum
• In a referendum, the ;aw-making body submits to
the registered voters of the LGU, for approval or
rejection, any ordinance or resolution which is duly
enacted or approved by such law-making body.

• Referendum shall be held under the control of the


Comelec within 60 days in case of provinces and
cities, 45 days in case of municipalities and 30
days in case of barangays. The Comelec shall
certify and proclaim the results of the referendum.

You might also like