Monday, September 6, 2010

Confusing Concepts: Initiative vs. Referendum

The difference between an initiative and referendum is oftentimes a subject of confusion.  This difference has been further discussed in Subic Bay Metropolitan Authority vs. COMELEC.  The below overview has been provided for the purposes of simple elaboration.


In the enactment of Sec. 3, Republic Act 6735,  "Initiative and Referendum Act," the difference between one term from the other is discussed.
(a) "Initiative" is the power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose.

x x x

(c) "Referendum" is the power of the electorate to approve or reject a legislation through an election called for the purpose.
(Emphasis has been supplied.)


It has also been noted by Justice Isagani Cruz that in most cases when a referendum would become a law if there is no action on the provided by the electors.


The table below also provides a head-to-head difference of the two concepts.





Initiative Referendum
Initial Source The people The Congress
Congress intervention? No Yes
Nature Proposal by the people Approval or rejection by the people
Scope Amendments only Amendments and revision

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