(G.R. No.

127325 - March 19, 1997)

Facts: Private respondent Atyy,. Jesus Delfin, president of Peoples Private initiative for
Reforms,Modernization and Action (PIRMA), filed with COMELEC a petition to amend the constitution to lift the
term limits of elective officials, through Peoples Initiative. He based this petition on Article XVII, Sec. 2of the 1987
Constitution, which provides for the right of the people to exercise the power to directly
propose amendments to the Constitution. Subsequently the COMELEC issued an order
directing thepublication of the petition and of the notice of hearing and thereafter set the case
for hearing. At the hearing, Senator Roco, the IBP, Demokrasya-Ipagtanggol ang
Konstitusyon, Public Interest LawCenter, and Laban ng Demokratikong Pilipino appeared as intervenorsoppositors. Senator Roco fileda motion to dismiss the Delfin petition on the ground that one which
is cognizable by the COMELEC.The petitioners herein Senator Santiago, Alexander Padilla, and Isabel
Ongpin filed this civil action for prohibition under Rule 65 of the Rules of Court against COMELEC
and the Delfin petition rising the several arguments, such as the following: (1) The
constitutional provision on peoples initiative to amend the constitution can only be
implemented by law to be passed by Congress. No such law has been passed; (2) The
peoples initiative is limited to amendments to the Constitution, not to revision thereof.
Lifting of the term limits constitutes a revision, therefore it is outside the power of
peoples initiative. The Supreme Court granted the Motions for Intervention.
Issue :Whether or not Sec. 2, Art. XVII of the 1987 Constitution is a self-executing provision.(2) Whether or
not COMELEC Resolution No. 2300 regarding the conduct of initiative
on amendments to the Constitution is valid, considering the absence in the law of specific
provisions onthe conduct of such initiative.(3) Whether the lifting of term limits of
elective officials would constitute a revision or an amendment of the Constitution.
Ruling : Sec. 2, Art XVII of the Constitution is not self executory, thus, without implementing legislation the same
cannot operate. Although the Constitution has recognized or granted the right, the
people cannot exercise it if Congress does not provide for its implementation. The portion of COMELEC
Resolution No. 2300 which prescribes rules and regulations on the conduct of initiative on
amendments to the Constitution, is void. It has been an established rule that w h a t h a s
been delegated, cannot be delegated (potestas delegata non
d e l e g a r i p o t e s t ) . T h e delegation of the power to the COMELEC being invalid, the
latter cannot validly promulgate rules and regulations to implement the exercise of the right to peoples
initiative. The lifting of the term limits was held to be that of a revision, as it would affect other provisions of the
Constitution such as the synchronization of elections, the constitutional guarantee of
equal access to opportunities for public service, and prohibiting political dynasties. A revision cannot be done by
initiative. However, considering the Courts decision in the above Issue, the issue of whether or notthe petition is a
revision or amendment has become academic.