In the landscape of Philippine constitutional law, the power of the people is not limited to the periodic election of representatives. Under the 1987 Constitution, the Filipino people reserve the right of direct democracy through two distinct yet often conflated mechanisms: Plebiscite and Referendum.
While both involve a popular vote and serve as instruments of "people power," their legal triggers, objectives, and outcomes differ significantly under the Initiative and Referendum Act (Republic Act No. 6735) and the Constitution itself.
1. Defining the Mechanisms
The Plebiscite
A Plebiscite is a vote of the electorate to determine public opinion on a question of a constitutional nature or an issue of enormous public importance. In the Philippine context, it is most commonly the final step in validating changes to the fundamental law or the territorial composition of the state.
- Primary Focus: Constitutional amendments, revisions, and local government restructuring (creation, merger, or abolition of provinces, cities, etc.).
- Nature: It is a requirement for the validity of certain acts.
The Referendum
A Referendum is the power of the electorate to approve or reject a piece of legislation through an election called for that purpose. It allows the people to act as a "check" on the legislative branch by voting on a law passed by Congress or a local legislative body.
- Primary Focus: Statutes (laws) or local ordinances.
- Nature: It is a method of reviewing or vetoing legislative actions.
2. Key Differences at a Glance
| Feature | Plebiscite | Referendum |
|---|---|---|
| Legal Basis | Article XVII (Amendments); Article X (Local Govt) | Article VI, Sec. 32 (Initiative/Referendum) |
| Subject Matter | Constitutional changes / Territorial shifts | Statutes, laws, or local ordinances |
| Initiating Body | Congress (as a Constituent Assembly) or a Constitutional Convention | The electorate (via petition) or the Legislature |
| Purpose | To ratify or reject a proposed change | To approve or reject an existing/proposed law |
| Mandatory vs. Optional | Often mandatory for constitutional validity | Usually optional or triggered by petition |
3. Legal Basis in Philippine Law
The 1987 Constitution
The Constitution provides the bedrock for these exercises:
- Article XVII, Section 4: Explicitly requires that any amendment to, or revision of, the Constitution shall be valid only when ratified by a majority of the votes cast in a plebiscite.
- Article VI, Section 32: Mandates Congress to provide for a system of initiative and referendum, whereby the people can directly propose and enact laws or approve/reject any act or law passed by Congress.
- Article X, Section 10: States that no province, city, municipality, or barangay may be created, divided, merged, or abolished except in accordance with the criteria established in the Local Government Code and subject to approval by a majority of votes cast in a plebiscite in the political units directly affected.
Republic Act No. 6735 (The Initiative and Referendum Act)
This law provides the procedural framework. It defines a "Referendum" as the "power of the electorate to approve or reject a legislation through an election called for the purpose." It also distinguishes between:
- Referendum on Statutes: Pertaining to laws passed by Congress.
- Referendum on Local Laws: Pertaining to ordinances passed by regional, provincial, city, or municipal councils.
4. Practical Applications and Examples
- Plebiscite Example: The 2019 Bangsamoro Organic Law (BOL) Plebiscite. This was held to determine whether the inhabitants of certain areas in Mindanao approved the creation of the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM). Because it involved a fundamental change in regional governance and territory, it was legally a plebiscite.
- Referendum Example: If Congress were to pass a controversial law (e.g., a new tax law), and the people gathered the required number of signatures (10% of total registered voters nationwide) to challenge that law, the resulting vote to keep or scrap that law would be a referendum.
5. Procedural Distinctions
The Commission on Elections (COMELEC) plays the central role in supervising both. However, the path to each differs:
- Plebiscite: Usually follows a legislative act (like a law creating a new city) or a Constitutional Convention/Assembly. The timeline is typically set by the law that initiated the change.
- Referendum: Often initiated by a petition from the people. Under R.A. 6735, a petition for a referendum on a law must be signed by at least 10% of the total number of registered voters, of which every legislative district must be represented by at least 3% of the registered voters therein.
Note: While "Initiative" is the power to propose new laws, "Referendum" is the power to reject or approve laws already in existence or being proposed by the legislature.
Conclusion
In the Philippines, the distinction between a plebiscite and a referendum is more than semantic—it is a matter of legal jurisdiction and purpose. The plebiscite acts as the final seal of approval for the most fundamental changes to the state's structure and its Constitution. The referendum serves as a vital democratic safety valve, allowing the citizenry to directly intervene in the legislative process. Together, they ensure that the sovereignty of the Filipino people remains the ultimate source of all government authority.
Would you like me to draft a summary table of the specific signature requirements for a National versus Local Referendum under R.A. 6735?