Practice question
An initiative petition expressly abolishes the presidential executive, creates a prime minister dependent on a unicameral parliament, and merges executive and legislative authority in that arrangement. Proponents say that the petition changes only two articles, so it necessarily constitutes an amendment. All signatories saw the complete text. Under Lambino's main decision, which analysis is correct?
- The number of article headings conclusively makes it an amendment.
- Full disclosure allows an initiative to revise the Constitution.
- The petition becomes a revision only if every article is rewritten.
- The transformation of the basic governmental plan constitutes a revision beyond the people's initiative power.
- COMELEC may waive the distinction upon finding sufficient signatures.
Legal references
- 1987 Constitution, Article XVII Sections 1 and 2: https://lawphil.net/consti/cons1987.html
- Lambino v. COMELEC, G.R. Nos. 174153 and 174299, October 25, 2006, main decision, quantitative and qualitative tests: https://lawphil.net/judjuris/juri2006/oct2006/gr_174153_2006.html
Answer this question in flashcards to review your response and continue practicing.