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Imagine a community deeply divided over a local ordinance. Some residents want to repeal it, believing it harms their interests. Others support it, seeing it as vital for progress. How can the community resolve this dispute fairly and democratically? The Philippine Constitution offers two powerful tools: initiative and referendum. But what’s the difference, and how do they work in practice?

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This case, Subic Bay Metropolitan Authority vs. Commission on Elections, delves into the crucial distinction between these two forms of direct democracy. It clarifies the roles of the electorate and the Commission on Elections (COMELEC) in exercising these rights, providing essential guidance for anyone seeking to participate in shaping their local laws.

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Understanding Initiative and Referendum

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The 1987 Constitution empowers Filipino citizens to directly participate in lawmaking through initiative and referendum. These mechanisms ensure that the people’s voice is heard, even when disagreements arise with elected officials.

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Initiative: This is the power of the people to propose and enact laws directly, independent of the legislative assembly. It’s like saying, “We want this law, and we’re going to make it happen ourselves!” There are three types:

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• Initiative on the Constitution: Proposing amendments to the Constitution.

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• Initiative on statutes: Proposing a national law.

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• Initiative on local legislation: Proposing a regional, provincial, city, municipal, or barangay law, resolution, or ordinance.

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Referendum: This is the power of the electorate to approve or reject a law already passed by a legislative body. It’s like saying, “We’ve reviewed this law, and we either approve it or reject it.” There are two classes:

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• Referendum on statutes: Approving or rejecting an act or law passed by Congress.

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• Referendum on local law: Approving or rejecting a law, resolution, or ordinance enacted by regional assemblies and local legislative bodies.

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Republic Act No. 6735, the Initiative and Referendum Act, defines these terms. Section 3 states:

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(a) “Initiative” is the power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose.

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(c) “Referendum” is the power of the electorate to approve or reject a legislation through an election called for the purpose.

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Think of it this way: Initiative is like starting a project from scratch, while referendum is like reviewing a finished product. Both are essential for a healthy democracy.

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The SBMA vs. COMELEC Case: A Clash Over Morong’s Concurrence

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The case revolves around a local initiative in Morong, Bataan, seeking to annul a resolution (Pambayang Kapasyahan Blg. 10, Serye 1993) that expressed the town’s concurrence to join the Subic Special Economic Zone (SSEZ). Some residents wanted to withdraw Morong’s support unless certain conditions were met, such as returning