Case Digest (G.R. No. 111230)
Facts:
In Enrique T. Garcia, et al. v. Commission on Elections and Sangguniang Bayan of Morong, Bataan (307 Phil. 296, G.R. No. 111230, September 30, 1994), petitioners led by Governor Enrique T. Garcia filed on May 24, 1993 a petition with the Sangguniang Bayan of Morong to annul Pambayang Kapasyahan Blg. 10, Serye 1993, which had approved the inclusion of Morong in the Subic Special Economic Zone under R.A. No. 7227. When the municipal council took no action within 30 days, petitioners began gathering signatures to invoke their power of initiative under the Local Government Code (R.A. No. 7160). Unbeknownst to them, Vice Mayor Edilberto M. de Leon wrote the COMELEC on June 11, 1993 requesting denial of the initiative petition. The COMELEC en banc on July 6, 1993 (Res. No. 93-1623) denied the initiative on the ground that only ordinances, not resolutions, are subject to local initiative. A week later (Res. No. 93-1676), it directed authentication of signatures. Petitioners then filedCase Digest (G.R. No. 111230)
Facts:
- Enactment of Pambayang Kapasyahan Blg. 10, Serye 1993
- The Sangguniang Bayan of Morong, Bataan, passed a resolution (Pambayang Kapasyahan Blg. 10, Serye 1993) agreeing to include Morong in the Subic Special Economic Zone under Republic Act No. 7227.
- On May 24, 1993, petitioners Enrique T. Garcia et al. filed a petition to annul that resolution and replace it with one imposing specific conditions (A–J) for Morong’s inclusion in the Zone.
- Attempts at local initiative
- The municipal council did not act on the petition within the 30-day period prescribed by the Local Government Code of 1991 (LGC).
- Petitioners then commenced gathering signatures to invoke their power of local initiative under the LGC.
- On June 11, 1993, Vice Mayor Edilberto M. de Leon wrote the COMELEC requesting denial of the initiative petition, summarizing the issues raised by petitioners and actions the Sangguniang Bayan had already taken.
- COMELEC resolutions and recourse to the Supreme Court
- July 6, 1993: The COMELEC en banc denied the petition for local initiative, ruling that a “resolution” is not a proper subject of initiative (Resolution No. 93-1623).
- July 13, 1993: The COMELEC en banc directed the Provincial Election Supervisor to authenticate the signatures being gathered (Resolution No. 93-1676).
- Petitioners filed a petition for certiorari and mandamus with the Supreme Court to:
- Set aside COMELEC Resolutions Nos. 93-1623 and 93-1676 for grave abuse of discretion and denial of due process.
- Compel the COMELEC to continue the signature validation and schedule the local initiative if the required number of signatures is obtained.
Issues:
- Whether a local resolution (Pambayang Kapasyahan Blg. 10, Serye 1993) is a proper subject of a local initiative under the 1987 Constitution, Republic Act No. 6735, and the Local Government Code of 1991.
- Whether the COMELEC committed grave abuse of discretion and denied petitioners due process by acting ex parte in refusing to allow their initiative petition to proceed.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)