Practice question
A local initiative proposition is approved by a majority of votes cast. It nevertheless conflicts with the Constitution, and the relevant sanggunian lacked power to enact it. Proponents say direct popular approval makes the measure immune from judicial review. Which answer is best?
- The claim is correct because a successful initiative ranks above the Constitution.
- The claim is correct if COMELEC certified the vote count.
- The claim is correct because courts cannot examine any local law.
- The claim is incorrect because RA 7160 expressly preserves judicial power to annul a proposition for constitutional violation or lack of sanggunian capacity.
- The claim is incorrect only if voter turnout was less than half of all residents.
Legal references
- Republic Act No. 7160, October 10, 1991, Sections 120–127, local initiative and referendum: https://lawphil.net/statutes/repacts/ra1991/ra_7160_1991.html; Section 127.
- Republic Act No. 6735, August 4, 1989, Initiative and Referendum Act: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/2017; Section 18.
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