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Garcia V COMELEC Case Digest

This case involves a petition filed by residents of Morong, Bataan to annul a resolution passed by the Sangguniang Bayan that agreed to include Morong as part of the Subic Special Economic Zone. When the Sangguniang Bayan did not take action, the petitioners initiated a local initiative under the Local Government Code to repeal the resolution. However, COMELEC denied the local initiative on the grounds that it involved a resolution rather than an ordinance. The Supreme Court ruled that [1] resolutions can be subject to local initiatives, and [2] the petitioners' right to due process was violated when COMELEC denied their petition without allowing them to oppose it. The CO

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61 views

Garcia V COMELEC Case Digest

This case involves a petition filed by residents of Morong, Bataan to annul a resolution passed by the Sangguniang Bayan that agreed to include Morong as part of the Subic Special Economic Zone. When the Sangguniang Bayan did not take action, the petitioners initiated a local initiative under the Local Government Code to repeal the resolution. However, COMELEC denied the local initiative on the grounds that it involved a resolution rather than an ordinance. The Supreme Court ruled that [1] resolutions can be subject to local initiatives, and [2] the petitioners' right to due process was violated when COMELEC denied their petition without allowing them to oppose it. The CO

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ENRIQUE T. GARCIA, ET AL., petitioners, vs.

COMMISSION ON
ELECTIONS and SANGGUNIANG BAYAN OF MORONG,
BATAAN, respondents.

[G.R. No. 111230. September 30, 1994.]


PUNO, J.

DOCTRINE/S:

ARTICLE VI, Section 1. The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of Representatives except to the
extent reserved to the people by the provision on initiative and referendum.

RA No. 6735: "An Act Providing for a System of Initiative and Referendum and
Appropriating Funds Therefor."
Sec. 3. Definition of Terms — For purposes of this act, the following terms shall
mean:
(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.

Section 120, Chapter 2, Title XI, Book I of the Local Government Code of 1991:
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.

FACTS:

● Pambayang Kapasyahan Blg. 10, Serye 1993: The Sangguniang Bayan ng


Morong, Bataan agreed to the inclusion of the municipality of Morong as part of the
Subic Special Economic Zone in accord with Republic Act No. 7227.
● May 24, 1993: petitioners filed a petition with the Sangguniang Bayan of Morong to
annul Pambayang Kapasyahan Blg. 10, Serye 1993.
● Municipality of Morong did not take action within (30) days. The Petitioners resorted
to their Power of Initiative under the Local Government Code of 1991. They then
solicited the required number of signatures to cause the repeal.
● Honorable Edilberto M. de Leon, Vice Mayor and Presiding Officer of the
Sangguniang Bayan ng Morong, wrote a letter requesting to deny the petition for
a local initiative and/or referendum.
● COMELEC en banc resolved to deny the petition for local initiative on the ground that
its subject is “merely a resolution” and not an ordinance. They also directed to hold
the action on the authentication of the signatures being gathered.
● Petition at Bench: To set aside COMELEC’s resolutions and to command
COMELEC to allow the continuation of the collection of signages. COMELEC
OPPOSED THIS PETITION.
ISSUE/S:

● WoN: Pambayang Kapasyahan Blg. 10, Serye 1993 is the proper subject of an
initiative.
● WoN: Petitioners were denied due process.

RULING:

● YES. The Constitution clearly includes not only ordinances but resolutions as
appropriate subjects of a local initiative. An act includes a resolution. RA no. 6735,
Section (3): intended resolutions to be proper subjects of local initiatives.
● YES. They were not furnished a copy of the letter of Honorable de Leon. Worse:
COMELEC granted the petition without affording petitioners any fair opportunity to
oppose it.
● The petition is granted and COMELEC’s Resolution is annulled and set aside.

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