GARCIA vs. COMMISSION ON ELECTIONS (237 SCRA 279) FACTS:In Pambayang Kapasyahan Blg.

10, Serye 1993, the Sangguniang Bayan of Morong, Bataana greed 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 Actof 1992. May 24, 1993: Petitioners filed a petition to annul the Pambayang Kapasyahan Blg. 10, Serye1993. 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 therepeal 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 petitionfor a local initiative as it will just promote divisiveness, counter productive and futility. July 6, 1993: COMELEC en banc resolved to deny the petition for local initiative on the groundthat its subject is merely a resolution and not an ordinance July 13, 1993: COMELEC further resolved to direct Provincial Election Supervisor, Atty.Benjaminn Casiano, to hold on the authentication of signatures being gathered by the petitioners ISSUE: Is Pambayang Kapasyahan Blg. 10, Serye 1993 of the Sangguniang Bayan of Morong Bataan the proper subject of an initiative? (i.e. Whether or not the power of initiative can be exercised even what is questioned is only a resolution and not an ordinance?) HELD: Petition is GRANTED and COMELEC Resolution 93-1623 are ANNULED and SET ASIDE. RATIO: In a Republican system, there are 2 kinds of legislative power: (1.) ORIGINAL possessed by the sovereign people (2.)DERIVATIVE delegated by the sovereign people to legislative bodies and is subordinate to the original power of the people. One of the lessons the people learned is the folly of completely surrendering the power to make laws to the legislature. Thus, in the new Constitution, a system of peoples initiative was thus installed which endows the people with the power to enact or reject any act or law by congress or local legislative body. COMELEC was also empowered to enforce and administer all laws and regulations relative to the conduct of an initiative and referendum. Thus, on Aug 4, 1989, it approved RA no.6735 entitled An Act Providing for a System of Initiative and Referendum and Appropriating

CONSTITUTIONAL LAW 1: CASE DIGESTSARTICLE 6: LEGISLATIVE DEPARTMENT Funds Therefor. Which spelled out the requirements for the exercise of the power of initiativeand referendum; procedure of the local initiative and referendum; and their limitations. It was also intended for the acts to be included as appropriate subjects of local initiatives. LOCAL INITIATIVESlegal process whereby the registered voters of a local governmentunit may directly propose, enact, or amend any ordinance. It does not, however, deal withthe subjects or matters that can be taken up in a local initiative. The Constitution clearly includes not only ordinance but resolutions as appropriatesubjects of a local initiative. An act includes a resolution. Black defines an act as "an expressionof will or purpose...it may denote something done...as a legislature, including not merely physicalacts, but also decrees, edicts, laws, judgments, resolves, awards and determinations." The lawshould be construed in harmony with and not in violation of the Constitution. Jan 16, 1991: COMELEC also promulgated RA 2300 where it was stated in Sec 5, Art 1that the power of initiative may be exercised to amend the Constitution, or to enact a nationallegislation, a regional, provincial, city, municipal or barangay law, resolution or ordinance. Sec 124 of the Local Government Code of 1991 does not limit the application of localinitiatives to ordinances, but to all subjects or matters which are within the legal powers of theSanggunians to enact. Resolution vs. Ordinance RESOLUTIONused whenever the legislature wishes to express an opinion which tohave only a temporary effect ORDINANCEintended primarily to permanently direct and control matters applying topersons or things in general. Considering the lasting changes that will be wrought in the social, political, and economicexistence of the people of Morong by the inclusion of their municipality in the SSEZ, it is logical tohear their voice on the matter via an initiative

CONSTITUTIONAL LAW 1: CASE DIGESTSARTICLE 6: LEGISLATIVE DEPARTMENT SECTION 1.THE LEGISLATIVE POWER SHALL BE VESTED IN THE CONGRESS OF THEPHILIPPINES WHICH SHALL CONSIST OF A SENATE AND A HOUSE OFREPRESENTATIVES, EXCEPT TO THE EXTENT RESERVED TO THE PEOPLE BYTHE PROVISION ON INITIATIVE AND REFERENDUM.