04/02/2020
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propose amendments through initiative and referendum, the President may also
submit her recommendations to the people, not as a formal proposal to be voted on
in a plebiscite similar to what President Marcos did in Sanidad, but for their
independent consideration of whether these recommendations merit being formally
proposed through initiative.
These recommendations, however, may amount to nothing more than the
President's suggestions to the people, for any further involvement in the process of
initiative by the Chief Executive may vitiate its character as a genuine "people's
initiative." The only initiative recognized by the Constitution is that which truly
proceeds from the people. As the Court stated in Lambino v. COMELEC:[177]
"The Lambino Group claims that their initiative is the `people's voice.'
However, the Lambino Group unabashedly states in ULAP Resolution No.
2006-02, in the verification of their petition with the COMELEC, that
`ULAP maintains its unqualified support to the agenda of Her Excellency
President Gloria Macapagal-Arroyo for constitutional reforms.' The
Lambino Group thus admits that their `people's' initiative is an
`unqualified support to the agenda' of the incumbent President to
change the Constitution. This forewarns the Court to be wary of
incantations of `people's voice' or `sovereign will' in the present
initiative."
It will be observed that the President has authority, as stated in her oath of office,
[178] only to preserve and defend the Constitution. Such presidential power does
not, however, extend to allowing her to change the Constitution, but simply to
recommend proposed amendments or revision. As long as she limits herself to
recommending these changes and submits to the proper procedure for constitutional
amendments and revision, her mere recommendation need not be construed as an
unconstitutional act.
The foregoing discussion focused on the President's authority to propose
constitutional amendments, since her authority to propose new legislation is not
in controversy. It has been an accepted practice for Presidents in this jurisdiction to
propose new legislation. One of the more prominent instances the practice is usually
done is in the yearly State of the Nation Address of the President to Congress.
Moreover, the annual general appropriations bill has always been based on the
budget prepared by the President, which - for all intents and purposes - is a proposal
for new legislation coming from the President.[179]
The "suspensive clause" in the MOA-AD viewed in light of the abovediscussed
standards
Given the limited nature of the President's authority to propose constitutional
amendments, she cannot guarantee to any third party that the required
amendments will eventually be put in place, nor even be submitted to a plebiscite.
The most she could do is submit these proposals as recommendations either to
Congress or the people, in whom constituent powers are vested.
Paragraph 7 on Governance of the MOA-AD states, however, that all provisions
thereof which cannot be reconciled with the present Constitution and laws "shall
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