LOCAL GOVERNMENTS 1

Local Initiative and Referendum

GARCIA v. COMELEC
September 30, 1994 | J. Puno

Petitioner(s): ENRIQUE T. GARCIA, ET AL.

Respondent(s): COMMISSION ON ELECTIONS and SANGGUNIANG BAYAN OF MORONG,
BATAAN

Doctrine: The Constitution clearly includes not only ordinances but resolutions as appropriate subjects of
a local initiative.

CASE SUMMARY
Trigger Word(s): Pwede rin sa resolutions ang intiative
FACTS: In its Pambayang Kapasyahan Blg. 10, Serye 1993 (resolution), the Sangguniang Bayan ng
Morong, Bataan agreed to the inclusion of the municipality of Morong as part of the Subic Special
Economic Zone (SSEZ). Petitioners filed a petition to annul the Resolution, however, the Municipality of
Morong did not act on it. Petitioners then resorted to their power of initiative under the Local Government
Code. However, the Vice Mayor and Presiding Officer of the Sangguniang Bayan ng Morong wrote a
letter to the Executive Director of COMELEC requesting for the denial of petitioners' petition for local
initiative. COMELEC then denied the petition for local initiative on the ground that its subject is merely a
resolution and not an ordinance. Petitioners thus went to the SC, seeking the annulment of the
COMELEC resolutions. COMELEC and the Sangguniang Bayan ng Morong maintains that under the
LGC, a resolution cannot be the subject of a local initiative.

ISSUE: W/N a resolution may be a subject of a local initiative (W/N Pambansang Kapsyahan Blg.
10, serye 1993 is a proper subject of an initiative) – YES
HELD: Respondents rely on Sec. 120 of the LGC which provides that a "local initiative is the legal
process whereby the registered voters of a local government unit may directly propose, enact, or amend
any ordinance". According to respondents therefore, only ordinances are the proper subjects of local
initiatives. However, the Court rejected this view because the Constitution grants the people the power to
approve or reject any act or law passed by the local legislative body, and "act' includes resolutions.
Further, Sec. 120 of the LGC merely defines a "local initiative". It is Sec. 124 of the LGC which provides
for which deals with the subjects or matters that can be taken up in a local intiative. Sec. 124 provides
that: "Initiative shall extend only to subjects or matters which are within the legal powers of the
Sanggunians to enact." Subjects or matters which are within the legal powers of the Sanggunians to
enact include resolutions. Further Sec. 125 of the LGC also recognize that it is not only ordinances which
may be approved through the system of initiative and referendum, but also propositions. The principal
author of the LGC, former Senator Aquilino Pimentel also espouses the view that the wording of Sec.
125 which deals not only with resolutions but also "any proposition" implies the inclusion of
resolutions. Also the Court stated that considering the lasting changes that will be wrought in the
social, political, and economic existence of the people of Morong by the inclusion of their municipality in
the Subic Special Economic Zone, it is but logical to hear their voice on the matter via an initiative. The
Court granted the petition.

FACTS
 In its Pambayang Kapasyahan Blg. 10, Serye 1993 (resolution), the Sangguniang Bayan ng
Morong, Bataan agreed to the inclusion of the municipality of Morong as part of the Subic Special
Economic Zone (SSEZ), in accord with RA 7227.
 Petitioners (Garcia, et al.) filed a petition with the Sangguniang Bayan of Morong to annul the
Resolution making the municipality of Morong a part of the SSEZ unconditionally. Petitioners
would like the inclusion of the municipality in the SSEZ to be only upon fulfillment of certain
conditions1.

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(A). Ibalik sa Bataan ang "Virgin Forests" — isang bundok na hindi nagagalw at punong-puno ng malalaking punong-kahoy at iba'-
ibang halaman. (B) Ihiwalay ang Grande Island sa SSEZ at ibalik ito sa Bataan. (K). Isama ang mga lupain ng Bataan na

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 The municipality did not take any action on the petition within 30 days so petitioners resorted to
their power of initiative under the LGC. Petitioners started to solicit the required number of
signatures to cause the repeal of the resolution.
 However, de Leon (the Vice Mayor and Presiding Officer of the Sangguniang Bayan ng Morong)
wrote a letter to the Exec. Dir. Of the COMELEC requesting the denial of the petition for local
intiative and/or referendum.
o The letter stated that the exercise will just promote divisiveness, counterproductive, and
futility. Further, it alleged that the issued in the petition for the initiative has been acted
upon and endorsed to Congress and other government agencies. The Sanggunian had
accommodated the clamor of petitioners in accordance with its limited powers over the
issues.
 COMELEC en banc denied the petition for local initiative on the ground that its subject is
merely a resolution (pambayang kapasyahan) and not an ordinance." COMELEC also
directed the Provincial Election Supervisor to hold action on the authentication of signatures
being gathered by petitioners.
 Thus, petitioners now seek (through a petition for certiorari and mandamus) to 1) set aside the
COMELEC resolutions setting aside the petition for local initiative ans 2) command COMELEC to
schedule the continuation of the signing of the petition and should the required number of
signatures be obtained, set a date for the initiative within 45 days thereof.
o COMELEC and the Sangguniang Bayan og Morong oppose this petition and contend that
under the LGC, a resolution cannot be the subject of a local initiative.

ISSUES + HELD

Discussion on the history of people's initiative

 Fr. Bernas: In republican systems, there are generally two kinds of legislative power, original and
derivative.
o Original legislative power is possessed by the sovereign people.
o Derivative legislative power is that which has been delegated by the sovereign people to
legislative bodies and is subordinate to the original power of the people.
 Both in the 1935 and 1973 Constitutions, the power to enact laws was vested only in the
Congress.
 However, in the '70s and until EDSA revolution, the legislature failed the expectations of the
people. President Marcos wielded lawmaking powers under Amendment No. 6 of the 1973
Constitution. Laws which could have bridled the nation's downslide from democracy to
authoritarianism to anarchy never saw the light of day.
 People Power in February 1986 toppled down the Marcos regime. The Constitution was rewritten
and for the first time, the system of people's initiative was installed (manifests our learning from
the mistake of completely surrendering the power to make laws to the legislature in the past).
o Sec. 2, Art. XVIII of the Constitution allows the people to make amendments to the
Constitution (upon fulfillment of certain requisites)
o Secs. 1 and 32 of Art. VI of the Constitution endow the people with the power to enact
or reject any act or law by congress or local legislative body:
 Sec.  1. The legislative power shall be vested in the Congress of the Philippines
which shall consist of a Senate and a House of Representatives except to the

nakapaloob sa SBMA sa pagkukuenta ng salaping ipinagkakaloob ng pamahalaang national o "Internal Revenue Allotment" (IRA)
sa Morong, Hermosa at sa Lalawigan. (D). Payagang magtatag rin ng sariling "special economic zones" ang bawat bayan ng
Morong, Hermosa at Dinalupihan. (E). Ibase sa laki ng kanya-kanyang lupa ang pamamahagi ng kikitain ng SBMA. (G). Ibase rin
ang alokasyon ng pagbibigay ng trabaho sa laki ng nasabing mga lupa. (H). Pabayaang bukas ang pinto ng SBMA na nasa Morong
ng 24 na oras at bukod dito sa magbukas pa ng pinto sa hangganan naman ng Morong at Hermosa upang magkaroon ng
pagkakataong umunlad rin ang mga nasabing bayan, pati na rin ng iba pang bayan ng Bataan. (I). Tapusin ang pagkokonkreto ng
mga daang Morong-Tala-Orani at Morong-Tasig-Dinalupihan para sa kabutihan ng mga taga-Bataan at tuloy makatulong sa
pangangalaga ng mga kabundukan. (J). Magkaroon ng sapat na representasyon sa pamunuan ng SBMA ang Morong, Hermosa at
Bataan.

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extent reserved to the people by the provisions on initiative and referendum. X x

x
 Sec.  32. The Congress shall, as early as possible, 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 after the registration of a
petition therefor signed by at least ten  per centum of the total number of
registered voters, of which every legislative district must be represented by at
least three  per centum of the registered voters thereto.
 The COMELEC was also empowered to enforce and administer all laws and
regulations relative to the conduct of an initiative and referendum.
Congress in due time put into operation the constitutionalized concept of initiative and referendum and
enacted: RA 6735 ("An Act Providing for a System of Initiative and Referendum andf Appropriating Funds
Therefor") and also, the LGC, Chapter 2, Title XI, Book I of which governed the conduct of local initiative
and referendum.

ISSUE #1: W/N a resolution may be a subject of a local initiative (W/N Pambansang Kapsyahan
Blg. 10, serye 1993 is a proper subject of an initiative) – YES
 Argument of respondents: Sec. 120, Chapter 2, Title XI, Book I of the LGC provides - "Local
Initiative Defined. — Local initiative is the legal process whereby the registered voters of a local
government unit may directly propose, enact, or amend any ordinance." (thus, resolutions are
not proper subject for local initiatives)
SC:
 Respondents' narrow and literal interpretation should be rejected. It collides with the
Constitution and subverts the intent of the lawmakers enacting the provisions of the LGC
on initiative and referendum.
o The Constitution clearly includes not only ordinances but resolutions as appropriate
subjects of a local initiative. (See Sec. 32, Art. VI, Constitution above).
 The provision allows the people to directly propose and enact laws or approve or
reject any act or law or part thereof passed by the Congress or local legislative
body x x x
 An act includes a resolution. Black's defintion of "Act": an expression of will or
purpose x x x it may denote something done x x x as a legislature, including not
merely physical acts but also decrees, edicts, x x x resolves x x x"
o RA 6735, in its Sec. 3(a) expressly includes resolutions as subjects of initiatives on local
legislations. Sec. 16 of the same law and also, COMELEC's Resolution No. 2300 2
recognize resolutions as proper subjects of initiatives.
 Debates for the enactment of RA 6735 confirm the intent for resolutions to be
proper subjects of local initiatives.
o Contrary to the submission of respondents, the LGC did not limit the coverage of local
initiatives to ordinances alone. Sec. 120 of the LGC to which respondents rely merely
defined the concept of local initiative. Sec. 120 does not deal with the subject or
matters that can be taken up in a local initiative  It is Sec. 124 of the LGC which
does:
 Sec. 124. Limitations on Local Initiatives. (a) The power of local initiative shall not
be exercised more than once a year.

 (b) Initiative shall extend only to subjects or matters which are within the legal
powers of the Sanggunians to enact.
xxx
o "[S]ubjects or matters which are within the legal powers of the Sanggunians to
enact," undoubtedly includes resolutions. This is confirmed by Sec. 125, LGC:

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I"n Re Rules and Regulations Governing the Conduct of Initiative on the Constitution, and Initiative and Referendum, on National
and Local Laws."

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 Limitations upon Sanggunians. — Any proposition or ordinance approved

through the system of initiative and referendum as herein provided shall not be
repealed, modified or amended by the sanggunian concerned within six (6)
months from the date of the approval thereof . . . ."
 The inclusion of the word proposition is inconsistent with respondents'
thesis that only ordinances can be the subject of local initiatives.
 The principal author of the LGC, former Senator Aquilino Pimentel,
espouses the same view. In his commentaries on the said law, he wrote:
 "5. Form of Initiative. Regarding the form of the measure, the section
speaks only of "ordinance," although the measure may be contained in a
resolution. If the registered voters can propose ordinances, why are they
not allowed to propose resolutions too? Moreover, the wording of Sec.
125, below, which deals not only with ordinances but with "any
proposition" implies the inclusion of resolutions."
 Resolutions are used whenever the legislature wishes to express an opinion which is to have only
a temporary effect while an ordinance is intended to permanently direct and control matters
applying to persons or things in general. Thus, resolutions are not normally subject to referendum
for it may destroy the efficiency necessary to successful administration of the business affairs of a
city.
o In this case, however, it cannot be argued that the subject matter of the resolution merely
temporarily affects the people of Morong for it directs a permanent rule of conduct or
government. The inclusion of Morong as part of the Subic Special Economic Zone has far
reaching implications in the governance of its people. This is apparent from a reading of
section 12 and 14 of Republic Act No. 72273.
 Ex. The SSEZ is operated and managed as a separate customs territory (has
effects on impositions and sharing of taxes); the Subic Authority shall exercise
administrative powers, rule-making and disbursement of funds over the Subic
Special Economic Zone in conformity with the oversight function of the
Conversion Authority; ) In case of conflict between the Subic Authority and the
local government units concerned on matters affecting the Subic Special
Economic zone other than defense and security, the decision of the Subic
Authority shall prevail.
 Considering the lasting changes that will be wrought in the social, political, and economic
existence of the people of Morong by the inclusion of their municipality in the Subic Special
Economic Zone, it is but logical to hear their voice on the matter via an initiative. It is not material
that the decision of the municipality of Morong for the inclusion came in the form of a resolution
for what matters is its enduring effect on the welfare of the people of Morong.

ISSUE #2: W/N petitioners were denied due process – YES

 They were not furnished a copy of the letter-petition of Vice Mayor Edilberto M. de Leon to the
respondent COMELEC praying for denial of their petition for a local initiative on Pambayang
Kapasyahan Blg. 10, Serye 1993. Worse, respondent COMELEC granted the petition without
affording petitioners any fair opportunity to oppose it.
o This procedural lapse is fatal for at stake is not an ordinary right but the sanctity of the
sovereignty of the people, their original power to legislate through the process of
initiative.

RULING: Petition granted. COMELEC Resolutions annulled and set aside.

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"An Act Accelerating the Conversion of Military Reservations Into Other Productive Uses, Creating the Bases Conversion and
Development Authority For This Purpose, Providing Funds Therefor and For Other Purposes."

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