Referendum Law (English)

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Manila

Fourteenth Congress
First Regular Session

HOUSE BILL NO. _______

_____________________________________________________________________

Introduced by Honorable Eduardo Nonato N. Joson
_____________________________________________________________________

EXPLANATORY NOTE

Will history repeat itself? There is a saying that “Those who do not learn from the lessons of history are condemned to repeat the same.” In the Philippine context, our people and leaders are now faced with this question. After EDSA 1 and EDSA 2, will there be another EDSA People Power that will change or supplant the duly elected or constituted authorities again? The two EDSA People Power events turned out to be relatively peaceful with no great loss of lives. Can we assume then that we will still have the lucky streak or divine intervention for nonviolent change to be written in the annals of our history or are we failing to see the handwriting on the wall?

The author started with a question and more questions followed for we cannot predict the future. It is however, by understanding the past that we can chart the future of our country. Great leaders must only bear in mind that the welfare of the people is the paramount interest and I believe, rational, legal and pacific answers and solutions can be arrived at. It is in this context that this proposal is being made. We must learn from the lessons of history. We must not leave to chance and place at risk the peace and welfare of our people. In short, since politicians, as a rule, do not resign, and impeachment can be manipulated by playing the numbers game, will it be people power 3, Coup d’ etat or a revolution in the offing? Are we bound by the wheels of history or historical imperative that there is no other way to preempt or prevent possible violence in the near future because of heightened public unrest?

This then is the purpose of this bill; to provide one more legal and peaceful mechanism by which the people can directly participate and decide on the future of this nation thru elections or the ballot. They themselves should be the ultimate judge. “The Philippines is a democratic and republican state. Sovereignty resides in the people and all government authority emanates from them” (Article II, Section 1 of the Philippine Constitution). The cry is Vox Populi Vox Dei. The voice of the people is the voice of God. Let their voices be heard through a referendum. Only then can the collective voice be heard. Through the referendum, the rule of the sovereign will prevail.

The critical issue is about loss of public trust in the elections and in the president. “Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.” (Article XI, Section 1 of the Philippine Constitution) The referendum will bring back trust in the electoral process and democracy. If a “Yes” vote wins, then the president shall have regained the trust, nay, mandate to govern as the people have spoken. A “No” vote on the other hand, repudiates the president’s leadership and calls on the president to relinquish the presidency. Sa bandang huli, balota at hindi bala ang ating panukala. Ang pamamayani ng kapangyarihan ng bayan, katwiran at kapayapaan at hindi pamamayani ng ilan, anarkiya at kaguluhan.

Hence, approval of this bill is earnestly sought.



EDUARDO NONATO N. JOSON




































Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Manila

Fourteenth Congress
First Regular Session

HOUSE BILL NO. _______

_____________________________________________________________________

Introduced by Honorable Eduardo Nonato N. Joson
_____________________________________________________________________

AN ACT PROVIDING FOR THE HOLDING OF A VOTE OF CONFIDENCE REFERENDUM, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

SECTION 1.Title - This act shall be known as the “REFERENDUM LAW OF 2007”.

SECTION 2. Declaration of policy- It is the policy of the state to provide a mechanism so as to determine accountability of public officers in accordance with Article XI, Section 1 of the Philippine Constitution. Toward this end, the referendum method is hereby instituted as the proper mechanism by which the people will be able to directly participate and decide in cases of alleged breach of public trust under said Article XI, Section 1 and in particular, where it would serve the national welfare in cases of resignation or removal of impeachable officers as provided for in the constitution.

SECTION 3. Holding of Referendum – a referendum shall be held after three (3) years from the national Presidential elections. As used herein, referendum means a mid-term election to be held for the purpose of determining whether the public officers concerned specifically the President and the Vice-President, still have the trust and confidence of the people. Such referendum shall have a binding, persuasive effect for the officers concerned to relinquish the offices under question in case the negative votes prevail.

SECTION 4. Referendum Question – the referendum ballot shall contain the following question in Filipino and English.

May tiwala ka pa ba sa pamamahala ni Presidente ______________at Bise Presidente ________________?
Do you still have confidence in the administration of President __________________and Vice-president ________________?

SECTION 5. Implementing Agency- the Commission on Elections shall conduct the referendum and shall formulate the rules and regulations for the conduct of an honest, orderly and peaceful referendum.

SECTION 6. Special Appropriations- the amount of One Hundred Million pesos is hereby appropriated for the conduct of the referendum.

SECTION 7. Effectivity – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved.