Garcia vs Comelec

Facts:

On May 24, 1993, the petitioner (Garcia) 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 Republic Act No. 7227. Nonetheless, the municipality did not
take any action on the petition within 30 days after its submission. The petitioners (Garcia) resorted to
their power of initiative under the Local Government Code of 1991. They solicited the requires number of
signatures to repeal the said resolution.

However, the Vice Mayog, Hon. Edliberto De Leon and the presiding office of the Sangguniang Bayan of
Morong wrote a letter dated June 11, 1993 to deny the petition for local initiative and or referendum. On
July 16, 1993, the Comelec denied the petition for local initative because its subject is merely a resolution
and not an ordinance. They contended that under the LGC of 1991 only an ordinance can be the subject
of initiative. They rely on section 120 chapter 2, title X, Book 1 of the LGC of 1991 which provides that
“Local initiative defined – it is the legal process whereby the registered voters of a local government unit
may directly propose, enact or amend any ordinance.

Issues:

1. Whether the Pambansang Kapasyahan Blg. 10 Serye 1993 is the proper subject of an initiative?
Yes.
2. Should the decision of the Comelec be set aside? Yes.

Held:

The petition is granted and the decision of the Comelec in July 6, 1993 is annulled and set aside. It is clear
in the constitution not only ordinances but also resolutions are appropriate subjects of a local initiative.
Section 32 of article VI states that “The Congress shall, as early as possible, provide for a system of
initiative and referendum, and the exceptions thereform, 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. An act includes a resolution. It is basic that a law should be construed in harmony with and not in
violation of the constitution. Under Sec. 32(a) of Republic Act No. 6735 it is provided that one of the three
systems of initiative is the initiative on local legislation which is the petition proposing to enact a regional,
provincial, city, municipal or barangay law, resolution or ordinance.