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.