Case Digest (G.R. No. 111511)
Facts:
Enrique T. Garcia, et al. v. Commission on Elections and Lucila Payumo, et al., G.R. No. 111511, October 05, 1993, the Supreme Court En Banc, Puno, J., writing for the Court.Petitioner Enrique T. Garcia was elected Governor of Bataan in May 1992. On the night of July 1–2, 1993, the mayors, vice-mayors and Sangguniang Bayan members of the twelve municipalities of Bataan met and constituted themselves as the provincial Preparatory Recall Assembly (PRA). The PRA adopted Resolution No. 1 initiating recall proceedings against Governor Garcia on the ground of "loss of confidence." Although 146 persons comprised the PRA, only 80 names appeared on the resolution and, of those, 74 signatures were found genuine—an apparent majority was nonetheless claimed.
On July 7, 1993, petitioners filed with COMELEC a petition to deny due course to Resolution No. 1 alleging noncompliance with the substantive and procedural requisites of Section 70 of the Local Government Code (R.A. No. 7160), including selective failure to notify many PRA members. In a per curiam Resolution dated August 31, 1993, COMELEC dismissed that petition and scheduled a recall election for October 11, 1993. Petitioners then elevated the matter to the Supreme Court via a petition for certiorari and prohibition with a writ of preliminary injunction, challenging Section 70 of R.A. 7160 as unconstitutional (on the ground that only the people may initiate recalls and that the PRA procedure violates equal protection), and reiterating the procedural defect of selective notice.
The Court required comments, held a hearing on September 21, 1993, and in an earlier Resolution granted the petition on the narrow ground that selective notice to PRA members violated constitutional due process and fatally vitiated the PRA’s Resolution No. 1. The Court nevertheless reserved resolution of the constitutional challenges for full decision. After considering legislative history, the text of the 1987 Constitution (Art. X, Sec. 3; Art. ...(Subscriber-Only)
Issues:
- Did the failure to give notice to all members of the Preparatory Recall Assembly violate due process and vitiate Resolution No. 1 initiating recall?
- Is Section 70 of R.A. No. 7160, insofar as it allows a Preparatory Recall Assembly to initiate recall proceedings, unconstitutional for (a) depriving the people of the sole and exclusive right to initiate recall and (b) denying equal protection by...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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