CONSTITUTIONAL LAW REVIEW | Garcia vs. COMELEC, 237 SCRA 279 (1994)

Garcia vs. COMELEC, 

237 SCRA 279 (1994)


TOPIC/DOCTRINE

Two Kinds of Legislative Power; Original legislative power is possessed by the sovereign people while derivative legislative power is that which has been delegated to legislative bodies, and is subordinate to the original power of the people.

RESOLUTION- used whenever the legislature wishes to express an opinion which to have only a temporary effect.

ORDINANCE- intended primarily to permanently direct and control matters applying to persons or things in general.



FACTS

In Pambayang Kapasyahan Blg. 10, Serye 1993, the Sangguniang Bayan of Morong, Bataan agreed to the inclusion of the municipality of Morong as part of the Subic Special Economic Zone (SSEZ) in accord with RA no. 7227, otherwise known as the Bases Conversion Development Act of 1992.

In May 24, 1993, Petitioners filed a petition to annul the Pambayang Kapasyahan Blg. 10, Serye 1993. In the said petition, they set some conditions which they want to be complied with before they include their municipality with SSEZ.

Municipality of Morong did not take any action on the petition within 30 days after its submission, which prompted the petitioners resorted to their power of initiative under the Local Government Code of 1991 whereby they started to solicit the required number of signatures to cause the repeal of said resolution.

Hon. Edilberto M. de Leon, Vice- Mayor and Presiding Officer of the Sangguniang Bayan  Morong, wrote a letter to the Executive Director of COMELEC requesting the denial of the petition for a local initiative as it will just promote divisiveness, counter productive and futility. COMELEC en banc resolved to deny the petition for local initiative on the ground that its subject is “merely a resolution” and not an ordinance.


ISSUE

Whether the Pambayang Kapasyahan Blg. 10, Serye 1993 of the Sangguniang Bayan of Morong Bataan the proper subject of an initiative.


RULING

Yes. The Constitution clearly includes not only ordinances but resolutions as appropriate subjects of a local initiative; A law should be construed in harmony with and not in violation of the Constitution.

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 SSEZ, it is logical to hear their voice on the matter via an initiative.







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