Book I - Title Nine - Chapter 2

Sec. 120. Local Initiative Defined. - Local initiative is the legal process whereby the registered voters of a local government unit may directly propose, enact, or amend any ordinance.

Sec. 121. Who May Exercise. - The power of local initiative and referendum may be exercised by all registered voters of the provinces, cities, municipalities, and Barangays.

Sec. 122. Procedure in Local Initiative. -

1. Not less than one thousand (1,000) registered voters in case of provinces and cities, one hundred (100) in case of municipalities, and fifty (50) in case of Barangays, may file a petition with the Sanggunian concerned proposing the adoption, enactment, repeal, or amendment of an ordinance.


2. If no favorable action thereon is taken by the Sanggunian concerned within thirty (30) days from its presentation, the proponents, through their duly authorized and registered representatives, may invoke their power of initiative, giving notice thereof to the Sanggunian concerned.


3. The proposition shall be numbered serially starting from Roman numeral I. The Comelec or its designated representative shall extend assistance in the formulation of the proposition.


4. Two (2) or more propositions may be submitted in an initiative.


5. Proponents shall have ninety (90) days in case of provinces and cities, sixty (60) days in case of municipalities, and thirty (30) days in case of Barangays, from notice mentioned in subsection (b) hereof to collect the required number of signatures.


6. The petition shall be signed before the election registrar, or his designated representatives, in the presence of a representative of the proponent, and a representative of the Sanggunian concerned in a public place in the local government unit, as the case may be. Stations for collecting signatures may be established in as many places as may be warranted.


7. Upon the lapse of the period herein provided, the Comelec, through its office in the local government unit concerned, shall certify as to whether or not the required number of signatures has been obtained. Failure to obtain the required number defeats the proposition.


8. If the required number of signatures is obtained, the Comelec shall then set a date for the initiative during which the proposition shall be submitted to the registered voters in the local government unit concerned for their approval within sixty (60) days from the date of certification by the Comelec, as provided in subsection (g) hereof, in case of provinces and cities, forty-five (45) days in case of municipalities, and thirty (30) days in case of Barangays. The initiative shall then be held on the date set, after which the results thereof shall be certified and proclaimed by the Comelec.

Sec. 123. Effectivity of Local Propositions. - If the proposition is approved by a majority of the votes cast, it shall take effect fifteen (15) days after certification by the Comelec as if affirmative action thereon had been made by the Sanggunian and local chief executive concerned. If it fails to obtain said number of votes, the proposition is considered defeated.

Sec. 124. Limitations on Local Initiatives. -

1. The power of local initiative shall not be exercised more than once a year.


2. Initiative shall extend only to subjects or matters which are within the legal powers of the Sanggunians to enact.


3. If at any time before the initiative is held, the Sanggunian concerned adopts in toto the proposition presented and the local chief executive approves the same, the initiative shall be canceled. However, those against such action may, if they so desire, apply for initiative in the manner herein provided.

Sec. 125. Limitations upon Sanggunians. - Any proposition or ordinance approved through the system of initiative and referendum as herein provided shall not be repealed, modified or amended by the Sanggunian concerned within six (6) months from the date of the approval thereof, and may be amended, modified or repealed by the Sanggunian within three (3) years thereafter by a vote of three-fourths (3/4) of all its members: Provided, That in case of Barangays, the period shall be eighteen (18) months after the approval thereof.

Sec. 126. Local Referendum Defined. - Local referendum is the legal process whereby the registered voters of the local government units may approve, amend or reject any ordinance enacted by the Sanggunian. The local referendum shall be held under the control and direction of the Comelec within sixty (60) days in case of provinces and cities, forty-five (45) days in case of municipalities and thirty (30) days in case of Barangays. The Comelec shall certify and proclaim the results of the said referendum.

Sec. 127. Authority of Courts. - Nothing in this Chapter shall prevent or preclude the proper courts from declaring null and void any proposition approved pursuant to this Chapter for violation of the Constitution or want of capacity of the Sanggunian concerned to enact the said measure.