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 This Act may only be repealed, modified or amended by a law that has been approved by the people under the system of initiative and referendum enshrined in the 1987 Constitution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

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