GARCIA VS.

COMELEC
I N I T I AT I V E A N D
REFERENDUM
Presented by Syrine M. Mallorca
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 Municipality 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.”

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Issues

Whether or not the Pambansang

Kapasyahan Blg. 10, Serye 1993 is
the proper subject of an initiative?

Sub-issue: Whether or not the

decision of the Comelec to deny
the petition be set aside?
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Held/Ruling
The petition is granted and the decision of the Comelec on July 6,
1993 is annulled and set aside.

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.

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Held/Ruling
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.” MODERN DARK
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