Philippine Bar review · Question

Practice question: Direct Legislation – Initiative and Referendum (RA 6735)

Multiple Choice Medium Jurisprudence

Practice question

Residents use a municipal initiative to propose repeal of a national statute, conceding that the municipality’s sanggunian has no legal power to repeal it. They argue that a direct popular vote can exercise greater local legislative authority than the sanggunian. Which answer is best?
  1. The argument is correct because local voters can repeal any national law.
  2. The argument is correct if turnout is unanimous.
  3. The argument is correct only if the mayor endorses the proposal.
  4. The argument is correct if proponents label the repeal a resolution.
  5. The argument fails because local initiative extends only to matters within the sanggunian’s legal power to enact.

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; Sections 124(b) and 127.
  • Republic Act No. 6735, August 4, 1989, Initiative and Referendum Act: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/2017; Sections 15(b) and 18.

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