Case Digest (G.R. No. 111511)
Facts:
In Enrique T. Garcia, et al. v. Commission on Elections and Lucila Payumo, et al. (G.R. No. 111511, October 5, 1993), petitioner Enrique T. Garcia was elected Governor of Bataan on May 11, 1992. On the night of July 1–2, 1993, mayors, vice-mayors, and members of the Sangguniang Bayan from all twelve municipalities of Bataan convened at Bagac and constituted themselves as a Preparatory Recall Assembly (PRA) under Section 70 of R.A. 7160. They adopted Resolution No. 1 for Garcia’s recall on the ground of “loss of confidence.” Although 146 members comprised the PRA, only 80 signed the resolution and 74 signatures were genuine—exceeding the majority threshold of 73. On July 7, 1993, Garcia filed with the COMELEC a petition to deny due course to Resolution No. 1, alleging procedural and substantive defects under Section 70. On August 31, 1993, the COMELEC dismissed the petition and set a recall election for October 11, 1993. Petitioners then sought certiorari and prohibition with pr
Case Digest (G.R. No. 111511)
Facts:
- Election and Preparatory Recall Assembly Proceedings
- On May 11, 1992, Enrique T. Garcia was elected Governor of Bataan Province.
- On July 1–2, 1993, the twelve (12) municipal mayors, vice-mayors, and Sangguniang Bayan members in Bataan convened at Bagac and constituted themselves as the Preparatory Recall Assembly (PRA) to initiate a recall of Governor Garcia for “loss of confidence.”
- Resolution No. 1 was adopted unanimously in substance; 146 members were listed, 80 signed, and 74 signatures were found genuine. A majority of 73 was required.
- Administrative and Judicial Proceedings
- July 7, 1993 – Petitioners filed with COMELEC to deny due course to Resolution No. 1, alleging non-compliance with Section 70 of R.A. 7160.
- August 31, 1993 – COMELEC dismissed the petition and scheduled the recall election for October 11, 1993.
- September 7–21, 1993 – Petitioners filed with the Supreme Court for certiorari, prohibition, and preliminary injunction. At hearing, SC granted the petition on narrow due process grounds, holding selective notice fatal to Resolution No. 1.
- September 26, 1993 – A second PRA session yielded another recall resolution signed by 87 members.
- September 27, 1993 – Petitioners filed a Supplemental Petition challenging the constitutionality of Section 70(a)–(c) of R.A. 7160 (PRA mode).
Issues:
- Whether Section 70 of R.A. 7160, allowing recall initiation by a Preparatory Recall Assembly, is constitutional or violates the exclusive right of the people to initiate recall.
- Whether a PRA resolution of recall constitutes a de facto removal of the official, bypassing the electoral process.
- Whether the PRA mode of initiation infringes equal protection by enabling majority-party officials to target minority-party incumbents.
- Whether selective notice to PRA members violated due process.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)