Explanatory Notes on Section 10 by Evalyn Ursua, Neri Colmenares and Rex Fernandez

EVALYN URSUA

The repealing clause of the bill does not clip the plenary power of the Congress to legislate on all matters. It only pertains to this one piece of legislation.

Our legal basis is Article VI, Section 1 of the Constitution. It provides: “The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.”

What Congress has is merely delegated legislative power. What is reserved to the people is their sovereign power to legislate laws. The delegated power cannot be superior to the sovereign power. How is sovereign power circumscribed? Only the Constitution, and to some extent the enabling legislation, can circumscribe the reserved sovereign power of the people.

There is no prohibition in the Constitution against the people setting the terms of the repeal of a law passed by initiative. Neither does the enabling legislation circumscribe the people’s sovereign power to legislate insofar as the repealing clause is concerned.

There are two provisions in Article VI (on the legislative department) in the Constitution that are relevant:

Section 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

Section 32. The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefor signed by at least ten per centum of the total number of registered voters, of which every legislative district must be represented by at least three per centum of the registered voters thereof.

Nothing is said in those provisions that the people cannot ordain in the bill that it cannot be repealed or amended except by the system of initiative. If you examine the enabling legislation (RA 6735), which is the law passed in implementation of Section 32 above, it sets no limitation either on the manner of amendment or repeal of a law passed by the people through national initiative.

Given that this is an exercise of the sovereign power of the people — that they reserved to themselves in the Constitution — the repealing clause is perfectly within the exercise of that reserved sovereign power. And the delegated power cannot be used to defeat that, unless they can point to a pertinent limitation either in the Constitution or in the enabling law.

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NERI COLMENARES

Neri on Sec. 10-page 1

Neri on Sec. 10-page 2

Neri on Sec. 10-page 3

Neri on Sec. 10-page 4

Neri on Sec. 10-page 5

Neri on Sec. 10-page 6

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REX FERNANDEZ

Rex Fernandez-page 1

Rex Fernandez-page 2

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Inyo Bang Naririnig — Filipino version of Les Miserables “Do You Hear the People Sing”

Inyo Bang Naririnig

 

Taken from DO YOU HEAR THE PEOPLE SING? (Les Miserables)
by Alain Boublil and Claude-Michel Schönberg,
INYO BANG NARIRINIG AWIT NG BAYAN AT HIBIK?
Salin sa Tagalog ni Bernardo Bernardo

Inyo bang naririnig
Awit ng Bayan at Hibik–
Ayaw nang maging alipin,
At handang maghimagsik!
Tibok ng puso’y kay lakas,
Abot-kamay na ang mithi!
Bawa’t hakbang at pagpiglas,
Ubod ng sidhi

Tayo na sa kilusan
Sinong matapang? Tumindig!
Lagpas ng barikada
Abot-tanaw ang daigdig.
Sumama sa laban,
At bukas lalayang muli

Inyo bang naririnig
Awit ng Bayan, At Hibik–
Ayaw nang maging alipin
At handang maghimagsik!
Tibok ng puso’y kay lakas,
Abot-kamay na ang mithi!
Bawa’t hakbang at pagpiglas
Ubod ng sidhi

Lahat ba’y iaalay
Pag-wagayway ng bandila?
Buhay ba’y ibibigay
Na sakripisyo’ng dakila?
Dugo mong dadanak
ay siyang didilig sa Bansa. . .

Inyo bang naririnig
Awit ng Bayan, at Hibik
Ayaw nang maging alipin
At handang maghimagsik!
Tibok ng puso’y kay lakas
Abot-kamay na ang mithi!
Bawa’t hakbang at pagpiglas
Ubod ng sidhi

 

 

Fr. Ranhilio Aquino sends a message of solidarity for the People’s Congress

Many known and [email protected]_aquino on Twitter because of his active participation in various political and legal issues but behind the handle is a man with several titles — University Vice President, Dean of the San Beda Graduate School of Law, and a Catholic priest in the Archdiocese of Tuguegarao.

For the People’s Congress in Cebu, Fr. Rannie sent in this message of solidarity. Salamat, Fr. Rannie!

Fr. Rannie Aquino message 1

 

Fr. Rannie Aquino message 2

 

 

 

Messages to the People’s Congress in Cebu on the People’s Initiative Against Pork

(This post has been updated as of 24 August 2014, 6:50PM to reflect additional messages sent for People’s Congress in Cebu)

Several known personalities from different sectors sent in messages of support and encouragement and these were flashed onscreen during the Cebu People’s Congress to launch the People’s Initiative Against Pork.  Others who spoke onstage had beautiful takeaway quotes. Below are some of these.

 

Card. Tagle-Cebu statement excerpt
From Card. Luis Antonio G. Tagle, Archbishop of Manila (as read during People’s Congress by church delegate, Fr. Diola)

 

From Atty. Vic Fontanilla, MNLF Spokesperson
From Atty. Vic Fontanilla, MNLF Spokesperson

 

Najeeb Mufti Rasul
This beautiful quote from a Muslim brother, Najeeb Mufti Rasul, who spoke onstage at the People’s Congress, was sent in by Betty Romero

 

From Archbishop Antonio Ledesma, D. D,, Archbishop of Cagayan de Oro
From Most Rev. Antonio Ledesma, D. D,, Archbishop of Cagayan de Oro

 

From Most Rev. Jose Cabantan, D.D., Bishop of Bukidnon
From Most Rev. Jose Cabantan, D.D., Bishop of Bukidnon

 

From Most Rev. Joseph Nacua, D.D., Bishop of Isabela
From Most Rev. Joseph Nacua, D.D., Bishop of Isabela

 

Most Rev. Vicente Navarra, D.D., Bishop of Bacolod City
From Most Rev. Vicente Navarra, D.D., Bishop of Bacolod City

 

From Most Rev. Patricio Buzon, D.D., Bishop of Kabangcalan, Negros Occidental
From Most Rev. Patricio Buzon, D.D., Bishop of Kabangcalan, Negros Occidental

 

From Most Rev. Carlito Cenzon, Bishop of Baguio
From Most Rev. Carlito Cenzon, Bishop of Baguio

 

From His Eminence, Orlando Card. Quevedo, Archbishop of Cotabato
From His Eminence, Orlando Card. Quevedo, Archbishop of Cotabato

 

 

 

The People's Initiative Against Pork (PIAP)