Santiago v. Commission of Elections

270 S.C.R.A. 106 (1997)

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Santiago v. Commission of Elections

The Philippines Supreme Court
270 S.C.R.A. 106 (1997)

KS

Facts

The Constitution of the Philippines limited the president to one term in office. As President Fidel Ramos was nearing the end of his term, Ramos’s supporters began organizing a referendum to amend the constitution, thereby allowing him a second term in office. The Philippines constitution allowed for the amendment of the constitution by popular referendum, but only after the legislature had passed a law implanting the process. An act passed by the Philippines legislature, R.A. No. 6735, authorized citizens to “propose, enact, approve or reject, in whole or in part, the Constitution, laws, ordinances, or resolutions passed by any legislative body.” Ramos supporter Jesus Delfin filed a petition with the Commission on Elections (the commission) (defendant) to begin the referendum process to remove term limits through a constitutional amendment consistent with the authorization contained in R.A. 6735. Senator Miriam Defensor Santiago (plaintiff) and others filed suit against the commission, arguing that the constitutional provision allowing for a popular referendum to amend the constitution had not yet been implemented by the Philippines legislature as required by the constitution.

Rule of Law

Issue

Holding and Reasoning (Davide, J.)

Dissent (Puno, J.)

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