Garcia

vs
COMELEC

FACTS:

On May 24, 1993, Enrique Garcia, et.al (petitioners) filed a petition with the
Sangguniang Bayan of Morong to annul Pambansang Kapasyahan Blg. 10, Serye 1993
which includes the Municipality of Morong as part of the Subic Special Economic Zone
in accordance wth RA 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 the number
of signatures needed 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 is a proper subject of an initiative

RULING:
Yes. The Constitution clearly includes not only ordinances but resolutions as
appropriate subjects of a local initiatives. To wit: Sec. 32 of Art. 6 of PH
Constitution provides that 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