Case Summary (G.R. No. 125416)
Issues Presented
- Whether the present petition is barred by the finality of the earlier Garcia v. Comelec decision.
- Whether Comelec committed grave abuse of discretion in promulgating and implementing Resolution No. 2848.
- Whether the proposed initiative seeks to amend a national law and thus lies beyond the powers of the local electorate.
Bar by Final Judgment
The Court held that Garcia v. Comelec addressed only the form of an initiative (resolution versus ordinance), not the sufficiency or propriety of submitting Morong’s Resolution No. 10 for popular vote. Therefore, the earlier decision does not bar consideration of the present certiorari petition.
Grave Abuse of Discretion in Resolution No. 2848
Comelec mislabeled and treated the petition as a “referendum” rather than an “initiative.” Under RA 6735 and RA 7160:
- Initiative: a people-driven proposal to enact or amend local laws when the legislative body fails to act;
- Referendum: the electorate’s approval or rejection of measures already enacted by a legislative body.
Resolution No. 2848 uses “referendum” throughout (27 instances) and omits any reference to “initiative,” demonstrating a failure to distinguish these distinct constitutional processes. The Commission thereby neglected its duty to ensure that the proposition was properly formulated, complied with the single-subject rule, and provided voters with clear, discrete options.
Prematurity of Ultra Vires Challenge
SBMA’s argument that Morong lacked power to withdraw its unconditional concurrence or impose conditions under RA 7227 was premature. The proposal remains unapproved; judicial relief is inappropriate until after voters adopt the measure. Courts may only decide actual controversies, and Sec. 18 of RA 6735 expressly reserves for proper judicial review any proposition approved under the Act. Comelec, however, possesses quasi-judicial authority to review on remand whether the proposal is within the competence of the local legislative body and whether it must be divided into separate propositions (e.g., total annulment versus conditional replacement). Ownership questions over Grande Island and the “virgin forests” also merit administrative review.
Disposition and Remand
The petition for certiorari i
Case Syllabus (G.R. No. 125416)
Procedural History
- Petitioner SBMA filed a petition for certiorari and prohibition against Comelec Resolution No. 2848, which prescribed rules and guidelines for a local referendum to annul Pambayang Kapasyahan Blg. 10, Serye 1993 of the Sangguniang Bayan of Morong, Bataan.
- Private respondents earlier filed an initiative to annul Kapasyahan Blg. 10; Comelec En Banc denied the initiative (Res. No. 93-1623) and suspended authentication of signatures (Res. No. 93-1676).
- Private respondents brought certiorari and mandamus proceedings (G.R. No. 111230) to overturn those resolutions.
- Comelec later issued Res. 2845 (referendum calendar) and Res. 2848 (referendum rules).
- SBMA challenged Res. 2848; Comelec ordered the scheduled referendum held in abeyance on July 27, 1996.
Facts
- Republic Act No. 7227 (Bases Conversion and Development Act of 1992) created the Subic Special Economic Zone (SSEZ) subject to concurrence by the Sangguniang Bayan of Morong, Bataan, among others.
- SBMA was organized to implement RA 7227, with capital and assets including the lands covered by Section 12 of the Act.
- On April 1993, Morong’s Sangguniang Bayan adopted Pambayang Kapasyahan Blg. 10, Serye 1993, unconditionally concurring in the SSEZ; it was submitted to the President on September 5, 1993.
- Private respondents filed a petition to annul Kapasyahan Blg. 10 and impose a new conditional concurrence listing ten items (A–J) for the benefit of Morong and Bataan.
- Morong’s Sanggunian passed Pambayang Kapasyahan Blg. 18, Serye 1993, requesting congressional amendments to RA 7227 on certain points.
- Private respondents, unsatisfied, invoked their power of initiative under LG Code Sec. 122(b); Comelec En Banc denied the petition as the subject was a resolution, not an ordinance.
- In February 1995, the President issued Proclamation No. 532 defining the SSEZ metes and bounds, including Grande Island and Morong.
- In June 1996, Com