Referendums in the Philippines are occasionally held at the national, regional, or local level. A referendum may be either national or local in scope. In the Philippines, the terms "referendum" and "plebiscite" have distinct meanings.
Terminology According to the Initiative and Referendum Act, a referendum is "the power of the electorate to approve or reject a legislation through an election called for the purpose." A plebiscite, on the other hand, is "the electoral process by which an initiative on the Constitution is approved or rejected by the people."
Referendums The constitution mandates a referendum for these instances:
Adoption of a new name for the country, or a new national anthem or a new seal Allowing foreign military troops in the Philippines if Congress requires
The Initiative and Referendum Act allows for referendums on these cases:
A petition of at least 10% of registered voters, with 3% within every legislative district for local initiatives If there is only one legislative district in a province, city or municipality, it has to be 3% within each municipality in a province, or each barangay in a city For barangay initiatives, it has to be at least 10% of registered voters A local legislative body can also submit to the electorate approval of any ordinance or resolution
Plebiscites The constitution requires a plebiscite for these:
Creation, division, merger, abolishment or major boundary changes of a province, city, municipality or barangay (village). Creation of special metropolitan political subdivisions Creation of autonomous regions Approval of an amendment or revision to the constitution
The Initiative and Referendum Act allows for plebiscites on these cases:
A petition of at least 12% of registered voters, with 3% within every legislative district, for amending the constitution However, the Supreme Court declared the Initiative and Referendum Act procedures for amending the constitution as fatally defective, although it did not affect the operation of the law for other types of initiatives.
Other The constitution allows Congress to submit to the electorate the question of calling a constitutional convention; however, it did not specify what kind of balloting this is.
Administration As with other electoral exercises, referendums and plebiscites in the Philippines are administered by the Commission on Elections (COMELEC). The commission's authority to conduct such exercises is mandated by the 1987 Constitution and further detailed in the Omnibus Election Code. COMELEC is responsible for preparing the ballots, supervising the voting process, and canvassing and proclaiming the results.
National referendums
Spanish colonial period
In 1599, King Philip II of Spain ordered a referendum in several areas to confirm Spanish sovereignty in the islands. It was approved.
American colonial period In 1935, the first national plebiscite was held, for the ratification of the 1935 constitution. This was seen as an independence referendum, and those in favor of adoption the constitution overwhelmingly outnumbered those who were opposed.
Two years later, a plebiscite asked women if they wanted suffrage for themselves. Unlike other referendums, 300,000 votes to the affirmative were needed; Filipino women turned out in droves, with more than 447,000 voting for suffrage.
Two years later, a plebiscite asked the people about economic adjustments. These were amendments to the Tydings–McDuffie Act. The people overwhelmingly approved the amendments.
In 1940, a plebiscite asked three questions to the people. These were amendments to the constitution that restored the bicameral Congress, allowed the re-election of the president, and created the Commission on Elections. The people approved all three, but not as overwhelmingly as the 1935 and 1939 plebiscites.
Third Republic The Americans granted independence to the Philippines on July 4, 1946. Prior to that, Congress passed Commonwealth Act No. 733, the local version of the Bell Trade Act passed by the United States Congress, which include parity rights for both Filipino and American citizens to exploit Philippine natural resources.. As this meant amending the constitution, a plebiscite was called after it was passed by the Philippine Congress by much difficulty. Turnout was low, but the measure was approved by the people by a 5:1 margin.
By 1967, there were moves to revise the constitution. Congress passed amendments to the constitution where it increased the number of congressmen, and allowed incumbent members of Congress to sit in the incoming constitutional convention. In a plebiscite held together with the 1967 Senate election, the people overwhelmingly rejected both questions. This was the only time the government lost. A constitutional convention was elected in 1970, and new constitution was put to a plebiscite in 1973.Philippines, 15 January 1973: Constitution Direct Democracy
Martial law and Fourth Republic President Ferdinand Marcos declared martial law on September 23, 1972. Martial law prevented Congress to convene. The constitutional convention presented to him the draft constitution by December 1972. Meanwhile, some senators have been organizing to convene on the supposed resumption of Congress by January 22, 1973. Marcos then created barangay or citizens' assemblies. These assemblies, instead of via secret ballot, voted via showing of hands on the new constitution, and whether to hold another plebiscite for approving the constitution, from January 10 to 15, 1973. The citizens' assemblies overwhelmingly approved the constitution, and voted not to hold another plebiscite.
Marcos had several more referendums, all being voted by citizens' assemblies, and won on overwhelming margins.
Fifth Republic Marcos was overthrown after the People Power Revolution, where he was alleged to have cheated during the 1986 presidential election. Corazon Aquino, Marcos's opponent, became president, and did away with the 1973 constitution. She appointed a constitutional commission that drafted a new constitution. This was then approved by the people in a plebiscite in a margin of more than 3:1.
Local plebiscites Local plebiscites have mostly been for the creation, inclusion to, or division of new autonomous regions, provinces, cities, municipalities, and barangays.
This is a list of local plebiscites, from the regional down to the municipal level. A law, proclamation, resolution, or ordinance has to be passed for a plebiscite to take place. +AcronymMeaningImplementing agencyBABangsamoro ActBangsamoro ParliamentBPBatas Pambansa (National Law)Batasang Pambansa (National Legislature)City OrdCity OrdinanceSangguniang Panlungsod (City Council)MMAAMuslim Mindanao Autonomy ActARMM Regional Legislative AssemblyPDPresidential DecreePresident of the PhilippinesPPPresidential ProclamationPresident of the PhilippinesRARepublic ActCongress of the PhilippinesProv ResSangguniang Panlalawigan ResolutionSangguniang Panlalawigan (Provincial Board)
Regional-level plebiscites These plebiscites asked for the creation of, or the inclusion of a place, in an autonomous region.
The 1987 constitution states that there are two autonomous regions: Muslim Mindanao and the Cordillera. Five successful plebiscites in Mindanao have led to the creation of the present-day Bangsamoro via a 2019 plebiscite. In the Cordillera, two plebiscites have failed, the latest in 1998, and it is still treated as a regular administrative region. DateLocationPropositionEnabling lawResultApril 17, 1977Central Mindanao, Davao del Sur, Palawan, South Cotabato and Western MindanaoCreation of autonomous regions in MindanaoPD 1092PD 1098PD 1111Ratified for two regionsMay 17, 1982Central Mindanao and Western MindanaoMerger of Lupong Tagapagpaganap of Regions IX and XII as one executive bodyPD 1843RejectedNovember 19, 1989Central Mindanao, Davao del Sur, Palawan, South Cotabato and Western MindanaoCreation of the Autonomous Region in Muslim MindanaoRA 6734Ratified in Lanao del Sur, Maguindanao, Sulu, and Tawi-Tawi, rejected elsewhereJanuary 30, 1990Cordillera Administrative RegionCreation of the Cordillera Autonomous RegionRA 6766Ratified in Ifugao, rejected elsewhere; ratification nullified by the Supreme Court.March 8, 1998Cordillera Administrative RegionCreation of the Cordillera Autonomous RegionRA 8438RejectedAugust 14, 2001Autonomous Region in Muslim MindanaoIncreased autonomy, expansion of the Autonomous Region in Muslim MindanaoRA 9054Ratified in every provinceCentral Mindanao, Palawan, Southern Mindanao, Western MindanaoInclusion to the Autonomous Region in Muslim MindanaoRatified in Basilan and Marawi, rejected elsewhereJanuary 21 and February 6, 2019Autonomous Region in Muslim MindanaoCreation of the BangsamoroRA 11054Originally ratified in the original ARMM, then nullified in Sulu by the Supreme Court.Basilan, Cotabato City, Lanao del Norte, 7 municipalities in CotabatoInclusion to the BangsamoroRatified in Cotabato City and 63 barangays in Cotabato, rejected elsewhere
Provincial-level plebiscites
These plebiscites asked for the creation of a province or involved an entire province. A group of cities and municipalities (most usually a legislative district or, formerly, sub-provinces) that aim to become provinces have provincehood (in the case of legislative districts) or conversion (in the case of sub-provinces) plebiscites. There had also been plebiscites asking for the transfer of the provincial capital from one municipality to another, the selection of a provincial capital, and the renaming of a province. There was also a plebiscite asking a province if they would approve the conversion of a component city within that province to a highly urbanized city. A "highly urbanized city" is politically, administratively, and fiscally independent from a province.