Goh v. Bayron

G.R. No. 212584 November 25, 2014 ISSUE: WON Resolution No.
9864 is valid insofar as the

ALROBEN J. GOH, Petitioner, vs. HON. LUCILO R. same directed the suspension of further action on the
BAYRON and COMMISSION ON ELECTIONS, instant Recall Petition and WON in the ANNULMENT
Respondents. AND REVERSAL of Resolution No. 9882, on the ground
that in their issuance, the respondent Commission
DOCTRINE: Considering that there is an existing line committed grave abuse of discretion amounting to lack or
item appropriation for the conduct of recall elections in excess of jurisdiction
the 2014 GAA, we see no reason why the COMELEC is
unable to perform its constitutional mandate to "enforce RULING: Yes. COMELEC committed grave abuse of
and administer all laws and regulations relative to the discretion in issuing Resolution Nos. 9864 and 9882.
conduct of x x x recall."  The 2014 GAA provides the line item
appropriation to allow the COMELEC to
FACTS: perform its constitutional mandate of
1. Goh filed before the COMELEC a recall petition conducting recall elections
against Mayor Bayron due to loss of trust and  There is no need for supplemental legislation to
confidence brought about by "gross violation of authorize the COMELEC to conduct recall
pertinent provisions of the Anti-Graft and elections for 2014
Corrupt Practices Act, gross violation of  Despite Resolution No. 9882's statement about
pertinent provisions of the Code of Conduct and the alleged failure of the 2014 GAA to provide
Ethical Standards for Public Officials, for a line item appropriation for the conduct of
Incompetence, and other related gross recall elections, we hold that the 2014 GAA
inexcusable negligence/dereliction of duty, actually expressly provides for a line item
intellectual dishonesty and emotional appropriation for the conduct and supervision of
immaturity as Mayor of Puerto Princesa City." recall elections.
2. COMELEC: promulgated Resolution No. 9864  COMELEC admits in its Resolution No. 9882
which found the recall petition sufficient in form that the COMELEC has "a line item for the
and substance, but suspended the funding of any 'Conduct and supervision of elections, referenda,
and all recall elections until the resolution of the recall votes and plebiscites.'
funding issue  This admission of the COMELEC is a correct
3. Mayor Bayron filed with the COMELEC an interpretation of this specific budgetary
Omnibus Motion for Reconsideration and for appropriation  To be valid, an appropriation
Clarification which prayed for the dismissal of must indicate a specific amount and a specific
the recall petition for lack of merit purpose but the purpose may be specific even if
4. Goh opposed with Motion to Lift Suspension it is broken down into different related sub-
which prayed for the COMELEC's denial of categories of the same nature
Mayor Bayron's Omnibus Motion, as well as to  Resolution No. 9882 proposed alternative
direct COMELEC's authorized representative to sources for funding recall elections
immediately carry out the publication of the  There is no clash between the COMELEC and
recall petition against Mayor Bayron, the Congress. We reiterate that the 2014 GAA
verification process, and the recall election of provides a line item appropriation for the
Mayor Bayron COMELEC's conduct of recall elections.
5. COMELEC promulgated Resolution No. 9882:  Since the COMELEC now admits that it does
a. The power of recall for loss of confidence not have sufficient funds from its current line
is exercised by the registered voters of item appropriation for the "Conduct and
a local government unit to which the supervision of x x x recall votes xx x" to conduct
local elective official subject to such an actual recall election, then there is therefore
recall belongs an actual deficiency in its operating funds for
b. The exercise of this power is subject to the current year.
the following limitations provided for  The COMELEC, in Resolution No. 9882,
by law: (a) any elective local official may admitted the existence of a line item
be the subject of a recall election only appropriation for the "Conduct and supervision
once during his term of office for loss of of x x x recall votes x x x":
confidence; and (b) [n]o recall shall take  A careful review of the Commission's budget
place within one (1) year from the date under the 2014 GAA reveals that it does not
of the official's assumption to office or have any appropriation or line item budget (line
one (1) year immediately preceding a item) to serve as a contingency fund for the
regular election conduct of recall elections.
c. The conduct of recall is one of several  contrary to the COMELEC's assertion, the
constitutional mandates of the appropriations for personnel ser-Vices and
Commission. Unfortunately, it cannot maintenance and other operating expenses
now proceed with the conduct of recall falling under "Conduct and supervision of
elections as it does not have an elections, referenda, recall votes and plebiscites"
appropriation or legal authority to constitute a line item which can be augmented
commit public funds for the purpose. from the COMELEC's savings to fund the
conduct of recall elections in 2014
 The conduct of recall elections requires only
operating expenses, not capital outlays. The
COMELEC's existing personnel in Puerto
Princesa are the same personnel who will
evaluate the sufficiency of the recall petitions.
and conduct the recall elections
FALLO: WHEREFORE, the petition is GRANTED.
We PARTIALLY REVERSE and SET ASIDE Resolution

No. 9864 insofar as it directed the suspension of any and
all proceedings in the recall petition. We REVERSE and
SET ASIDE Resolution No. 9882, and DIRECT the
Commission on Elections to immediately carry out the
recall elections of Mayor Lucilo R. Bayron of Puerto
Princesa City, Palawan in accordance with the provisions
of the Local Government Code and COMELEC
Resolution No. 7505. This Decision is immediately
executory. SO ORDERED.

Goh v. Bayron

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Goh v. Bayron

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G.R. No. 212584 November 25, 2014 ISSUE: WON Resolution No.

9864 is valid insofar as the

We PARTIALLY REVERSE and SET ASIDE Resolution

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