G.R. No. 213953 - Marmeto vs. Commission on Elections

On January 21, 2013, Engr. Oscar A. Marmeto, representing Muntinlupa People Power (MPP), filed with the Sangguniang Panlungsod of Muntinlupa a proposed ordinance to:

No action was taken by the Sanggunian within 30 days. The Sanggunian secretary, by letter dated June 11, 2013, advised COMELEC that the FY 2013 budget had been enacted and that a new appropriation ordinance was required.

Marmeto filed an initiative petition under RA No. 7160 (Local Government Code).
On July 31, 2013, COMELEC issued Resolution No. 13-0904 dismissing the petition as beyond the Sanggunian’s power and non-compliant with existing laws.
Marmeto filed a motion for reconsideration; on September 17, 2013, COMELEC issued Resolution No. 13-1039 affirming the dismissal.

On December 2, 2013, Marmeto refiled a similar proposed ordinance; again, the Sanggunian took no action within 30 days.
On February 10, 2014, he filed a second initiative petition with the City Election Officer and, on April 1, 2014, submitted a supplemental petition to comply with COMELEC Resolution No. 2300.
On July 22, 2014, COMELEC issued Resolution No. 14-0509 dismissing the second petition for “lack of budgetary allocation” for initiative expenses under its FY 2014 appropriation.
Marmeto then filed a petition for certiorari and mandamus with the Supreme Court seeking to annul the assailed resolution.

Whether COMELEC lawfully dismissed Marmeto’s initiative petition for lack of a specific budget appropriation under the FY 2014 General Appropriations Act.
Whether the propositions in Marmeto’s proposed ordinance—creating a separate sectoral council with legislative powers and appropriating ₱200 million for its use—are within the legal powers of the Sangguniang Panlungsod to enact.