Random Thoughts

Anything under the sun


Leave a comment

Legal Memo on Section 10 of Abolish Pork Barrel Bill through People’s Initiative

‘Issue: Can Congress repeal a national legislation passed through a peoples initiative ? No, Congress cannot repeal a national legislation passed through a people’s initiative as it will violate the letter and spirit of the constitutional provision on initiative.’

Teddy Casiño

In the interest of clarifying concerns regarding the constitutionality of the proposed PI bill abolishing the pork barrel system, I’m posting Bayan Muna Rep. Neri Colmenares’ memo on the controversial Section 10 of the said bill.

THE SOVEREIGN POWER OF THE PEOPLE TO PASS A LAW: Beyond Congressional Power of Repeal and Presidential Power of Veto

By Bayan Muna Rep. Neri Colmenares
(Draft: August 25, 2014)

Introduction

Section 10 of the proposed bill of the peoples initiative provides that:

SEC. 10. Amendment or repeal of this Act. This Act may only be repealed, modified or amended by a law that has been approved by the people under the system of initiative and referendum enshrined in the 1987 Constitution

Certain concerns were raised on whether Section 10 could withstand a constitutional challenge thereby endangering the peoples initiative. The concern is once the Comelec grants the petition and schedules a referendum, the…

View original post 1,832 more words


Leave a comment

The Power to Impeach vs. The Power to Oust

The people’s power to impeach the President or other impeachable high-ranking officials is like any consumable item in DOTA — it is LIMITED.

Under our 1987 Philippine Constitution, impeachment proceedings can only be initiated ONCE a year. Considering that Aquino’s Liberal Party and its allies still dominate the Congress, more likely, this complaint recently filed will NOT PROSPER. After it fails, the people will have to wait for next year to file again. Thus, this is a wrong, unprepared move, I believe. We must not forget our lessons in the past when we failed many times to impeach Arroyo.

BUT, we, the people must not forget that we have some UNLIMITED powers: the collective power to massively storm the Malacañang and have Aquino OUSTED and the collective power to overturn the social pyramid and CHANGE the  System — the former is merely for reform, the latter is for genuine change.

NEWS: Impeachment complaint laban kay PNoy, ikinasa na

http://n5e.interaksyon.com/top/D4857691BBCB4DF/1001/impeachment-complaint-laban-kay-pnoy-ikinasa-na

 

NOTE: Only the Members of the House of Representatives can initiate an impeachment. Nonetheless, the citizens can file an impeachment complaint but such must be endorsed by any Member of the House of Representatives (Sec. 3, Art. XI, Phil. Const.).