GARCIA V.

COMELEC
Sept. 30, 1994
FACTS:
On May 24, 1993, petitioners filed a petition with the Sangguniang Bayan of
Morong to annul Pambansang Kapasyahan Blg. 10, Serye 1993 which includes
the Municipaloty of Morong as part of the Subic Special Economic Zone in
accord with the RA No. 7227.
The municipality did not take any action on the petition within 30 days after
its submission; so, they resorted to their power of initiative under the Local
Government Code of 1991. They solicited the required number of signatures
to repeal the said resolution.
However, the Vice Mayor, Hon. Edilberto de Leon, and the Presiding Office of
the Sangguniang Bayan ng Morong wrote a letter dated June 11, 1993 to deny
the petition for local initiative and/or referendum.
On July 6, 1993, the Comelec denied the petition for local initiative because
its subject is merely a resolution and not an ordinance.
ISSUE:
w/n the Pambansang Kapasyahan Blg. 10, Serye 1993 is the proper subject of
an initiative?
Sub-issue: w/n the decision of the Comelec to deny the petition be set aside?
HELD:
The petition is granted and the decision of the Comelec on July 6, 1993 is
annulled and set aside.
RULING:
The 1987 Constitution installed back the power to the people regarding
legislation because of the event in February 1986. The new Constitution
became less trusting of public officials.
Through initiative, the people were given the power to amend the
Constitution under Sec. 2 Art. 17 which provides amendments to this
Constitution may likewise be directly proposed by the people through
initiative upon a petition of at least 12% of the total number of registered
voters, of which every legislative district must be represented by at least 3% of
the registered voter therein.
The Comelec was also empowered to enforce and administer all laws and
regulations relative to the conduct of an initiative and referendum.
On Aug. 4, 1989, the Congress approved RA No. 6735 entitled An Act
Providing for a System of Initiative and Referendum and Appropriating
Funds Therefor.
YES. Sec. 32 of Art. 6 provides the Congress shall provide for a system of
initiative and referendum, and the exceptions therefrom, whereby the people
can directly propose
and enact laws or approve or reject any act or law or part thereof passed by
the Congress or local legislative body.
Under Sec. 32(a) of RA No. 6735 it provided the 3 systems of initiative,
namely:

1. Initiative on the Constitution petition to amend the Constitution

2. Initiative on statutes petition proposing to enact a national legislation
3. Initiative on local legislation petition proposing to enact a regional,
provincial, city, municipal, or barangay law, resolution or ordinance
Under its Sec.16(a), it provided the limitations on local initiatives, which is
the power of local initiative shall not be exercised more than once a year.