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Referendums in the Philippines

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Terminology

According to the Initiative and Referendum Act, a referendum is "the power of the electorate to approve or reject a legislation through an election called for the purpose." A plebiscite, on the other hand, is "the electoral process by which an initiative on the Constitution is approved or rejected by the people."

Referendums

The constitution mandates a referendum for these instances:

  • Adoption of a new name for the country, or a new national anthem or a new seal
  • Allowing foreign military troops in the Philippines if Congress requires

The Initiative and Referendum Act allows for referendums on these cases:

  • A petition of at least 10% of registered voters, with 3% within every legislative district for local initiatives
    • If there is only one legislative district in a province, city or municipality, it has to be 3% within each municipality in a province, or each barangay in a city
    • For barangay initiatives, it has to be at least 10% of registered voters
  • A local legislative body can also submit to the electorate approval of any ordinance or resolution

Plebiscites

The constitution requires a plebiscite for these:

  • Creation, division, merger, abolishment or major boundary changes of a province, city, municipality or barangay (village).
  • Creation of special metropolitan political subdivisions
  • Creation of autonomous regions
  • Approval of an amendment or revision to the constitution

The Initiative and Referendum Act allows for plebiscites on these cases:

  • A petition of at least 12% of registered voters, with 3% within every legislative district, for amending the constitution

However, the Supreme Court declared the Initiative and Referendum Act procedures for amending the constitution as fatally defective, although it did not affect the operation of the law for other types of initiatives.

Other

The constitution allows Congress to submit to the electorate the question of calling a constitutional convention; however, it did not specify what kind of balloting this is.

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