EN BANC
[G.R. No. 125416.
SUBIC BAY METROPOLITAN AUTHORITY, petitioner, vs. COMMISSION
ON ELECTIONS, ENRIQUE T. GARCIA and CATALINO A. CALIMBAS, respondents.
D E C I S I O N
PANGANIBAN, J.:
The 1987 Constitution is unique in many ways. For one thing, it institutionalized people power in law-making. Learning from the bitter lesson of completely surrendering to Congress the sole authority to make, amend or repeal laws, the present Constitution concurrently vested such prerogatives in the electorate by expressly recognizing their residual and sovereign authority to ordain legislation directly through the concepts and processes of initiative and of referendum.
In this Decision, this Court distinguishes referendum from initiative and discusses the practical and legal implications of such differences. It also sets down some guidelines in the conduct and implementation of these two novel and vital features of popular democracy, as well as settles some relevant questions on jurisdiction -- all with the purpose of nurturing, protecting and promoting the people's exercise of direct democracy.
In this action for certiorari and prohibition, petitioner
seeks to nullify the respondent Commission on Elections' Ruling dated April 17,
1996 and Resolution No. 2848 promulgated on June 27, 1996[1]
denying petitioner's plea to stop the
holding of a local initiative and referendum on the proposition to recall Pambayang
Kapasyahan Blg. 10, Serye 1993, of the Sangguniang Bayan of Morong, Bataan.
The Facts
On
"Sec. 12.
RA 7227 likewise created petitioner to implement the declared
national policy of converting the
On
In April 1993, the Sangguniang Bayan of Morong,
On May 24, 1993, respondents Garcia, Calimbas and their companions filed a petition with the Sangguniang Bayan of Morong to annul Pambayang Kapasyahan Blg. 10, Serye 1993. The petition prayed for the following:
"I. Bawiin, nulipikahin at pawalang-bisa ang Pambayang Kapasyahan Blg. 10 Serye 1993 ng Sangguniang Bayan para sa pag-anib ng Morong sa SSEFZ na walang kundisyon.
II. Palitan ito ng isang
Pambayang kapasiyahan na aanib lamang ang Morong sa SSEFZ kung ang mga
sumusunod na kondisyones ay ipagkakaloob, ipatutupad at isasagawa para sa
kapakanan at interes ng Morong at
(A) Ibalik sa
(B) Ihiwalay ang Grande
Island sa SSEFZ at ibalik ito sa
(K) Isama ang mga lupain ng
(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
(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) Magkakaroon ng sapat na
representasyon sa pamunuan ng SBMA ang Morong, Hermosa at
The Sangguniang Bayan of Morong acted upon the petition of respondents Garcia, Calimbas, et al. by promulgating Pambayang Kapasyahan Blg. 18, Serye 1993, requesting Congress of the Philippines to amend certain provisions of R.A. No. 7227, particularly those concerning the matters cited in items (A), (B), (K), (E) and (G) of private respondents' petition. The Sangguniang Bayan of Morong also informed respondents that items (D) and (H) had already been referred to and favorably acted upon by the government agencies concerned, such as the Bases Conversion Development Authority and the Office of the President.
Not satisfied, and within 30 days from submission of their
petition, herein respondents resorted to their power of initiative under the
Local Government Code of 1991,[4] Sec. 122 paragraph (b) of which provides as
follows:
"Sec. 122. Procedure in Local Initiative. -
x x x x x x x x x
(b) If no favorable action thereon is taken by the sanggunian concerned, the proponents, through their duly authorized and registered representatives, may invoke their power of initiative, giving notice thereof to the sanggunian concerned.
x x x x x x x x x."
On
On August 15, 1993, private respondents instituted a petition for
certiorari and mandamus[5]
before this Court against the
Commission on Elections and the Sangguniang Bayan of Morong, Bataan, to
set aside Comelec Resolution No. 93-1623 insofar as it disallowed the conduct
of a local initiative to annul Pambayang Kapasyahan Bilang 10, Serye 1993, and
Comelec Resolution No. 93-1676 insofar as it prevented the Provincial Election
Supervisor of Bataan from proceeding with the authentication of the required
number of signatures in support of the initiative and the gathering of
signatures.
On
On
On
The Issues
The petition[6]
presents the following
"argument":
"Respondent Commission on Elections committed grave abuse of discretion amounting to lack of jurisdiction in scheduling a local initiative which seeks the amendment of a national law."
In his Comment, private respondent Garcia claims that (1) petitioner has failed to show the existence of an actual case or controversy; (2) x x x petitioner seeks to overturn a decision/judgment which has long become final and executory; (3) x x x public respondent has not abused its discretion and has in fact acted within its jurisdiction; (and) (4) x x x the concurrence of local government units is required for the establishment of the Subic Special Economic Zone."
Private respondent Calimbas, now the incumbent Mayor of Morong,
in his Reply (should be Comment) joined petitioner's cause because
"(a)fter several meetings with petitioner's Chairman and staff and after
consultation with legal counsel, respondent Calimbas discovered that the
demands in the petition for a local initiative/referendum were not legally
feasible."[7]
The Solicitor General, as counsel for public respondent, identified two issues, as follows:
"1. Whether or not the Comelec can be enjoined from
scheduling/conducting the local intiative proposing to annul Pambayang
Kapasyahan Blg. 10, Serye 1993 of the Sangguniang Bayan of Morong,
2. Whether or not the Comelec committed grave abuse of discretion in denying the request of petitioner SBMA to stop the local initiative."
On July 23, 1996, the Court heard oral argument by the parties, after which, it issued the following resolution:
"The Court Resolved to (1) GRANT the Motion to Admit the Attached Comment filed by counsel for private respondent Enrique T. Garcia, dated July 22, 1996 and (2) NOTE the: (a) Reply (should be comment) to the petition for certiorari and prohibition with prayer for temporary restraining order and/or writ of preliminary injunctiom, filed by counsel for respondent Catalino Calimbas, dated July 22, 1996; (b) Separate Comments on the petition, filed by: (b-1) the Solicitor General for respondent Commission on Elections dated July 19, 1996 and (b-2) counsel for private respondent Enrique T. Garcia, dated July 22, 1996 and (c) Manifestation filed by counsel for petitioner dated July 22, 1996.
At the hearing of this case this morning, Atty. Rodolfo O. Reyes appeared and argued for petitioner Subic Bay Metropolitan Authority (SBMA) while Atty. Sixto Brillantes for private respondent Enrique T. Garcia, and Atty. Oscar L. Karaan for respondent Catalino Calimbas. Solicitor General Raul Goco, Assistant Solicitor General Cecilio O. Estoesta and Solicitor Zenaida Hernandez-Perez appeared for respondent Commission on Elections with Solicitor General Goco arguing.
Before the Court adjourned, the Court directed the counsel for both parties to INFORM this Court by Friday, July 26, 1996, whether or not Commission on Elections would push through with the initiative/referendum this Saturday, July 27, 1996.
Thereafter, the case shall be considered SUBMITTED for resolution.
At 2:50 p.m. July 23, 1996, the Court received by facsimile transmission an Order dated also on July 23, 1996 from the respondent Commission on Elections En Banc inter alia 'to hold in abeyance the scheduled referendum (initiative) on July 27, 1996 pending resolution of G.R. No. 125416.' In view of this Order, the petitioner's application for a temporary restraining order and/or writ of preliminary injunction has become moot and academic and will thus not be passed upon by this Court at this time. Puno, J., no part due to relationship. Bellosillo, J., is on leave."
After careful study of and judicious deliberation on the submissions and arguments of the parties, the Court believes that the issues may be restated as follows:
(1) Whether this petition "seeks to overturn a decision/judgment which has long become final and executory"; namely G.R. No. 111230, Enrique Garcia, et al. vs. Commission on Elections, et al.;
(2) Whether the respondent Comelec committed grave abuse of discretion in promulgating and implementing its Resolution No. 2848 which "govern(s) the conduct of the referendum proposing to annul or repeal Pambayang Kapasyahan Blg. 10, Serye 1993 of the Sangguniang Bayan of Morong, Bataan;" and
(3) Whether the questioned local initiative covers a subject within the powers of the people of Morong to enact; i.e., whether such initiative "seeks the amendment of a national law."
First Issue: Bar by Final Judgment
Respondent Garcia contends that this Court had already ruled with
finality in Enrique T. Garcia, et al. vs. Commission on Elections, et. al.[8] on "the very issue raised in (the)
petition: whether or not there can be an
initiative by the people of Morong, Bataan on the subject proposition -- the
very same proposition, it bears emphasizing, the submission of which to the
people of Morong, Bataan is now sought to be enjoined by petitioner x x
x".
We disagree. The only
issue resolved in the earlier Garcia case is whether a municipal
resolution as contra-distinguished from an ordinance may be the proper subject
of an initiative and/or referendum. We
quote from our said Decision:[9]
"In light of this legal backdrop, the essential issue to be resolved in the case at bench is whether Pambayang Kapasyahan Blg. 10, serye 1993 of the Sangguniang Bayan of Morong, Bataan is the proper subject of an initiative. Respondents take the negative stance as they contend that under the Local Government Code of 1991 only an ordinance can be the subject of initiative. They rely on Section 120, Chapter 2, Title XI, Book I of the Local Government Code of 1991 which 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.'
We reject respondent's narrow and literal reading of the above provision for it will collide with the Constitution and will subvert the intent of the lawmakers in enacting the provisions of the Local Government of 1991 on initiative and referendum.
The Constitution clearly includes not only ordinances but resolutions as appropriate subjects of a local initiative. Section 32 of Article VI provides in luminous language: '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 x x x'. An act includes a resolution. Black defines an acts 'an expression of will or purpose . . . it may denote something done . . . as a legislature, including not merely physical acts, but also decrees, edicts, laws, judgement, resolves, awards and determination x x x.' It is basic that a law should be construed in harmony with and not in violation of the Constitution. In line with this postulates, we held in In Re Guarina that if there is doubt or uncertainly as to the meaning of the legislative, if the words or provisions are obscure, or if the enactment is fairly susceptible of two or more construction, that interpretations will be adopted which will avoid the effect of unconstitutionality, even though it may be necessary, for this purpose, to disregard the more usual or apparent import of the language used.' "
Moreover, we reviewed our rollo in said G.R. No. 111230 and we
found that the sole issue presented by the pleadings was the question of
"whether or not a Sangguniang Bayan Resolution can be the subject of a valid initiative or referendum".[10]
In the present case, petitioner is not contesting the propriety of municipal resolution as the form by which these two new constitutional prerogatives of the people may validly exercised. What is at issue here is whether Pambayang Kapasyahan Blg. 10, Serye 1993, as worded, is sufficient in form and substance for submission to the people for their approval; in fine, whether the Comelec acted properly and juridically in promulgating and implementing Resolution No. 2848.
Second Issue: Sufficiency of
Comelec Resolution No. 2848
The main issue in this case may be re-started thus: Did respondent Comelec commit grave abuse of discretion in promulgating and implementing Resolution No. 2848?
We answer the question in the affirmative.
To begin with, the process started by private respondents was an
INITIATIVE but respondent Comelec made preparations for a REFERENDUM only. In fact, in the body of the Resolution[11]
as reproduced in the footnote below the
word "referendum" is repeated at least 27 times, but
"initiative" is not mentioned at all.
The Comelec labeled the exercise as a "Referendum"; the
counting of votes was entrusted to a "Referendum Committee"; the
documents were called "referendum returns"; the canvassers,
"Referendum Board of Canvassers" and the ballots themselves bore the
description "referendum". To
repeat, not once was the word "initiative" used in said body of
Resolution No. 2848. And yet, this
exercise is unquestionably an INITIATIVE.
There are statutory and conceptual demarcations between a
referendum and an initiative. In
enacting the "Initiative and Referendum Act,[12] Congress differentiated one term from the
other, thus:
(a) "Initiative" is the power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose.
There are three (3) systems of initiative, namely:
a.1. Initiative on the Constitution which refers to a petition proposing amendments to the Constitution;
a.2. Initiative on statutes which refers to a petition proposing to enact a national legislation; and
a.3. Initiative on local legislation which refers to a petition proposing to enact a regional, provincial, city, municipal, or barangay law, resolution or ordinance.
(b) "Indirect initiative" is exercise of initiative by the people through a proposition sent to Congress or the local legislative body for action.
(c) "Referendum" is the power of the electorate to approve or reject a legislation through an election called for the purpose. It may be of two classes, namely:
c.1. Referendum on statutes which refers to a petition to approve or reject an act or law, or part thereof, passed by Congress; and
c.2. Referendum on local law which refers to a petition to approve or reject a law, resolution or ordinance enacted by regional assemblies and local legislative bodies.
Along these statutory definitions, Justice Isagani A. Cruz[13]
defines initiative as the "power
of the people to propose bills and laws, and to enact or reject them at the
polls independent of the legislative assembly." On the other hand, he
explains that referendum "is the right reserved to the people to adopt or
reject any act or measure which has been passed by a legislative body and which
in most cases would without action on the part of electors become a law."
The foregoing definitions, which are based on Black's[14] and other leading American authorities, are
echoed in the Local Government Code (RA 7160) substantially as follows:
"SEC. 120. 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.
"SEC. 126. Local Referendum Defined. -- Local referendum is the legal process whereby the registered voters of the local government units may approve, amend or reject any ordinance enacted by the sanggunian.
The local referendum shall be held under the control and direction of the Comelec within sixty (60) days in case of provinces and cities, forty-five (45) days in case of municipalities and thirty (30) days in case of barangays.
The Comelec shall certify and proclaim the results of the said referendum."
Prescinding from these definitions, we gather that initiative is resorted to (or initiated) by the people directly either because the law-making body fails or refuses to enact the law, ordinance, resolution or act that they desire or because they want to amend or modify one already existing. Under Sec. 13 of R.A. 6735, the local legislative body is given the opportunity to enact the proposal. If its refuses/neglects to do so within thirty (30) days from its presentation, the proponents through their duly-authorized and registered representatives may invoke their power of initiative, giving notice thereof to the local legislative body concerned. Should the proponents be able to collect the number of signed conformities within the period granted by said statute, the Commission on Elections "shall then set a date for the initiative (not referendum) at which the proposition shall be submitted to the registered voters in the local government unit concerned x x x".
On the other hand, in a local referendum, the law-making body
submits to the registered voters of its territorial jurisdiction, for approval
or rejection, any ordinance or resolution which is duly enacted or approved by
such law-making authority. Said
referendum shall be conducted also under the control and direction of the
Commission on Elections.[15]
In other words, while initiative is entirely the work of the electorate, referendum is begun and consented to by the law-making body. Initiative is a process of law-making by the people themselves without the participation and against the wishes of their elected representatives, while referendum consists merely of the electorate approving or rejecting what has been drawn up or enacted by a legislative body. Hence, the process and the voting in an initiative are understandably more complex than in a referendum where expectedly the voters will simply write either "Yes" or "No" in the ballot.
[Note: While the above quoted laws variously refer to initiative and referendum as "powers" or "legal processes", these can also be "rights", as Justice Cruz terms them, or "concepts", or "the proposal" itself (in the case of initiative) being referred to in this Decision.]
From the above differentiation, it follows that there is need for
the Comelec to supervise an initiative more closely, its authority thereon
extending not only to the counting and canvassing of votes but also to seeing
to it that the matter or act submitted to the people is in the proper form and
language so it may be easily understood and voted upon by the electorate. This is especially true where the proposed
legislation is lengthy and complicated, and should thus be broken down into
several autonomous parts, each such part to be voted upon separately. Care must also be exercised that "(n)o
petition embracing more than one subject shall be submitted to the
electorate,"[16] although "two or more propositions may
be submitted in an initiative".[17]
It should be noted that under Sec. 13 (c) of RA 6735, the "Secretary of Local Government or his designated representative shall extend assistance in the formulation of the proposition."
In initiative and referendum, the Comelec exercises administration and supervision of the process itself, akin to its powers over the conduct of elections. These law-making powers belong to the people, hence the respondent Commission cannot control or change the substance or the content of legislation. In the exercise of its authority, it may (in fact it should have done so already) issue relevant and adequate guidelines and rules for the orderly exercise of these "people-power" features of our Constitution.
Third Issue: Withdrawal of Adherence and Imposition of Conditionalities
-- Ultra Vires?
Petitioner maintains that the proposition sought to be submitted
in the plebiscite, namely, Pambayang Kapasyahan Blg. 10, Serye 1993, is ultra
vires or beyond the powers of the Sangguniang Bayan to enact,[18] stressing that under Sec. 124 (b) of RA 7160
(the Local Government Code), "local initiative shall cover only such
subjects or matters as are within the legal powers of the sanggunians to
enact." Elsewise stated, a local initiative may enact only such ordinances
or resolutions as the municipal council itself could, if it decided to so enact.[19] After the Sangguniang Bayan of Morong and
the other municipalities concerned (Olongapo, Subic and Hermosa) gave their
resolutions of concurrence, and by reason of which the SSEZ had been created,
whose metes and bounds had already been delineated by Proclamation No. 532
issued on February 1, 1995 in accordance with Section 12 of R.A. No. 7227, the
power to withdraw such concurrence and/or to substitute therefor a conditional
concurrence is no longer within the authority and competence of the Municipal
Council of Morong to legislate.
Furthermore, petitioner adds, the specific conditionalities included in
the questioned municipal resolution are beyond the powers of the Council to
impose. Hence, such withdrawal can no
longer be enacted or conditionalities imposed by initiative. In other words, petitioner insists, the creation
of SSEZ is now a fait accompli for the benefit of the entire nation. Thus, Morong cannot unilaterally withdraw its
concurrence or impose new conditions for such concurrence as this would
effectively render nugatory the creation by (national) law of the SSEZ and
would deprive the entire nation of the benefits to be derived therefrom. Once created, SSEZ has ceased to be a local
concern. It has become a national
project.
On the other hand, private respondent Garcia counters that such argument is premature and conjectural because at this point, the resolution is just a proposal. If the people should reject it during the referendum, then there is nothing to declare as illegal.
Deliberating on this issue, the Court agrees with private respondent Garcia that indeed, the municipal resolution is still in the proposal stage. It is not yet an approved law. Should the people reject it, then there would be nothing to contest and to adjudicate. It is only when the people have voted for it and it has become an approved ordinance or resolution that rights and obligations can be enforced or implemented thereunder. At this point, it is merely a proposal and the writ of prohibition cannot issue upon a mere conjecture or possibility. Constitutionally speaking, courts may decide only actual controversies, not hypothetical questions or cases.[20]
We also note that the Initiative and Referendum Act itself
provides[21]
that "(n)othing in this Act shall
prevent or preclude the proper courts from declaring null and void any
proposition approved pursuant to this Act x x x."
So too, the Supreme Court is basically a review court.[22] It passes upon errors of law (and sometimes
of fact, as in the case of mandatory appeals of capital offenses) of lower
courts as well as determines whether there had been grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any "branch or
instrumentality" of government. In
the present case, it is quite clear that the Court has authority to review
Comelec Resolution No. 2848 to determine the commission of grave abuse of discretion. However, it does not have the same authority
in regard to the proposed initiative since it has not been promulgated or
approved, or passed upon by any "branch or instrumentality" or lower
court, for that matter. The Commission
on Elections itself has made no reviewable pronouncements about the issues
brought by the pleadings. The Comelec
simply included verbatim the
proposal in its questioned Resolution No. 2848. Hence, there is really no
decision or action made by a branch, instrumentality or court which this Court
could take cognizance of and acquire jurisdiction over, in the exercise of its
review powers.
Having said that, we are in no wise suggesting that the Comelec
itself has no power to pass upon proposed resolutions in an initiative. Quite the contrary, we are ruling that these
matters are in fact within the initiatory jurisdiction of the Commission -- to
which then the herein basic questions ought to have been addressed, and by
which the same should have been decided in the first instance. In other words, while regular courts may take
jurisdiction over "approved propositions" per said Sec. 18 of
R.A. 6735, the Comelec in the exercise of its quasi-judicial and administrative
powers may adjudicate and pass upon such proposals insofar as their form and
language are concerned, as discussed earlier; and it may be added, even as to
content, where the proposals or parts thereof are patently and clearly
outside the "capacity of the local legislative body to enact."[23] Accordingly, the question of whether the
subject of this initiative is within the capacity of the Municipal Council of
Morong to enact may be ruled upon by the Comelec upon remand and after hearing
the parties thereon.
While on the subject of capacity of the local lawmaking body, it would be fruitful for the parties and the Comelec to plead and adjudicate, respectively, the question of whether Grande Island and the "virgin forests" mentioned in the proposed initiative belong to the national government and thus cannot be segregated from the Zone and "returned to Bataan" by the simple expedient of passing a municipal resolution. We note that Sec. 13 (e) of R.A. 7227 speaks of the full subscription and payment of the P20 billion authorized capital stock of the Subic Authority by the Republic, with, aside from cash and other assets, the "... lands, embraced, covered and defined in Section 12 hereof, ..." which includes said island and forests. The ownership of said lands is a question of fact that may be taken up in the proper forum -- the Commission on Elections.
Another question which the parties may wish to submit to the Comelec upon remand of the initiative is whether the proposal, assuming it is within the capacity of the Municipal Council to enact, may be divided into several parts for purposes of voting. Item "I" is a proposal to recall, nullify and render without effect (bawiin, nulipikahin at pawalangbisa) Municipal Resolution No. 10, Series of 1993. On the other hand, Item "II" proposes to change or replace (palitan) said resolution with another municipal resolution of concurrence provided certain conditions enumerated thereunder would be granted, obeyed and implemented (ipagkakaloob, ipatutupad at isasagawa) for the benefit and interest of Morong and Bataan. A voter may favor Item I -- i.e., he may want a total dismemberment of Morong from the Authority -- but may not agree with any of the conditions set forth in Item II. Should the proposal then be divided and be voted upon separately and independently?
All told, we shall not pass upon the third issue of ultra vires on the ground of prematurity.
Epilogue
In sum, we hold that (i) our decision in the earlier Garcia case is not a bar to the present controversy as the issue raised and decided therein is different from the questions involved here; (ii) the respondent Commission should be given an opportunity to review and correct its errors in promulgating its Resolution No. 2848 and in preparing -- if necessary -- for the plebiscite; and (iii) that the said Commission has administrative and initiatory quasi-judicial jurisdiction to pass upon the question of whether the proposal is sufficient in form and language and whether such proposal or part or parts thereof are clearly and patently outside the powers of the municipal council of Morong to enact, and therefore violative of law.
In deciding this case, the Court realizes that initiative and
referendum, as concepts and processes, are new in our country. We are remanding the matter to the Comelec so
that proper corrective measures, as above discussed, may be undertaken, with a
view to helping fulfill our people's aspirations for the actualization of
effective direct sovereignty. Indeed we
recognize that "(p)rovisions for initiative and referendum are liberally
construed to effectuate their purposes, to facilitate and not to hamper the
exercise by the voters of the rights granted thereby."[24] In his authoritative treatise on the
Constitution, Fr. Joaquin G. Bernas, S.J. treasures these "instruments
which can be used should the legislature show itself indifferent to the needs
of the people."[25] Impelled by a sense of urgency, Congress
enacted Republic Act No. 6735 to give life and form to the constitutional
mandate. Congress also interphased
initiative and referendum into the workings of local governments by including a
chapter on this subject in the local Government Code of 1991.[26] And the Commission on Elections can do no
less by seasonably and judiciously promulgating guidelines and rules, for both
national and local use, in implementation of these laws. For its part, this Court early on expressly
recognized the revolutionary import of reserving people power in the process of
law-making.[27]
Like elections, initiative and referendum are powerful and valuable modes of expressing popular sovereignty. And this Court as a matter of policy and doctrine will exert every effort to nurture, protect and promote their legitimate exercise. For it is but sound public policy to enable the electorate to express their free and untrammeled will, not only in the election of their anointed lawmakers and executives, but also in the formulation of the very rules and laws by which our society shall be governed and managed.
WHEREFORE the petition is GRANTED. Resolution No. 2848 is ANNULLED and SET ASIDE. The initiative on Pambayang Kapasyahan Blg. 10, Serye 1993 is REMANDED to the Commission on Elections for further proceedings consistent with the foregoing discussion. No costs.
IT IS SO ORDERED.
Narvasa, C.J., Padilla, Regalado, Davide, Jr., Bellosillo, Melo, Vitug, Kapunan, Francisco, and Hermosisima, Jr., JJ., concur.
Romero, and Mendoza,
JJ., on official leave.
Puno, J., no part due to
relationship.
[1] Rollo, pp.
38-46; signed by Chairman Bernardo P. Pardo and Comms. Regalado E. Maambong, Remedios A.
Salazar-Fernando, Manolo B. Gorospe, Julio F. Desamito, Teresita Dy-Liaco
Flores and Japal M. Guiani.
[2] Sec.
13 (a), RA 7227.
[3] Sec. 13 (e)
(1), RA 7227.
[4] Republic Act
No. 7160.
[5] Enrique T.
Garcia, et al. vs. Commission on Elections, et al., 237 SCRA 279,
September 30, 1994.
[6] p. 10; Rollo,
p. 12.
[7] Reply, p. 3.
[8] See footnote
no. 5, supra.
[9] Supra,
at pp. 290-291.
[10] Rollo,
G.R. No. 111230, p. 82 (Solicitor General's Comment). See also petitioner Garcia's Memorandum, rollo,
pp. 134-147.
[11] For easy reference, quoted verbatim hereunder,
minus the preamble or "whereas" clauses, is the text of Resolution
2848:
NOW, THEREFORE, the
Commission on Elections, by virtue of the powers vested upon it by the
Constitution, Republic Act No. 6735, Republic Act No. 7160, the Omnibus
Election Code and other related election laws, RESOLVED AS IT HEREBY
RESOLVES to promulgate the following rules and guidelines to govern the
conduct of the referendum proposing to annul or repeal Kapasyahan Blg.
10, Serye 1993, of the Sangguniang Bayan of Morong, Bataan.
SECTION 1. Supervision and control. - The Commission on
Elections shall have direct control and supervision over the conduct of the
referendum.
SECTION 2. Expenses forms and paraphernalia. - The
expenses in the holding of the referendum, which shall include the printing of
official ballots, referendum returns, and other forms and the procurement of
supplies and paraphernalia, as well as the per diems of the members of the
Referendum committees and overtime compensation of the members of the Board of
Canvassers, shall be chargeable against the available funds of the Commission.
In case of deficiency, the Executive Director and the Director of the Finance Services Department are directed to
submit the budget thereon and to request the Department of Budget and
Management to immediately release the necessary amount.
SECTION 3. Date of referendum and voting hours. - The
referendum shall be held on July 27, 1996.
The voting shall start at seven o'clock in the morning and shall end at
three o'clock in the afternoon.
SECTION 4. Area of coverage. - The referendum shall be
held in the entire municipality of Morong, Bataan.
SECTION 5. Who may vote. - The qualified voters of
Morong, Bataan, duly registered as such in the May 8, 1995 Congressional and
Local Elections, and those who are registered in the special registration of
voters scheduled on June 29, 1996, shall be entitled to vote in the referendum. For this purpose, the Election Officer, said
municipality, shall prepare the lists of voters for the entire municipality.
SECTION 6. Precincts and polling places. - The same
precincts and polling places that functioned in the municipality of Morong,
Bataan during the May 8, 1995 Congressional and Local Elections shall function
and be used in the referendum, subject to such changes under the law as the
Commission may find necessary.
SECTION 7. Official ballots. - The official ballots to
be used in the referendum shall bear the heading: "OFFICIAL BALLOT";
"REFERENDUM"; "JULY 27, 1996"; "MORONG, BATAAN";
and underneath, the following instructions: "Fill out this ballot secretly
inside the voting booth. Do not put any
distinctive mark on any part of this ballot." The following question shall
be provided in the official ballots:
"DO YOU APPROVE
OFTHE PROPOSITIONS CONTAINED IN THE SIGNED PETITION TO ANNUL OR REPEAL PAMBAYANG
KAPASYAHAN BLG. 10, SERYE 1993, OF THE SANGGUNIANG BAYAN OF MORONG,
BATAAN, WHICH READ AS FOLLOWS:
'I. Bawiin, nulipikahin at pawalang bisa and
Pambayang Kapasyahan Blg. 10, Serye 1993 ng Sangguniang Bayan para sa pag-anib
ng Morong sa SSEZ na walang kondisyon.
II. Palitan ito ng isang Pambayang Kapasyahan na
aanib lamang ang Morong sa SSEZ kung ang mga sumusunod na kondisyones ay
ipagkakaloob, ipatutupad at isasagawa para sa kapakanan at interes ng Morong at
Bataan:
(A) Ibalik sa Bataan
ang "Virgin Forests" -- isang bundok na hindi nagagalaw at
punong-puno ng malalaking punong-kahoy at iba't-ibang halaman.
(B) Ihiwalay ang
Grande Island sa SSEZ at ibalik ito sa Bataan.
(K) Isama ang mga
lupain ng Bataan na nakapaloob sa SBMA sa pagkukuenta ng salaping ipinagkaloob
ng pamahalaang national o "Internal Revenue Allotment" (IRA) sa
Morong, Hermosa at sa lalawigan.
(D) Payagang magtatag
rin ng sariling "special economic zones" and 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
pagkokontre-to 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 representation sa pamunuan ng SBMA ang Morong, Hermosa at Bataan.'?"
SECTION 8. Referendum
Committee. - The voting and counting of votes shall be conducted in each
polling place by a Referendum Committee composed of a Chairman, a Poll Clerk,
and a Third Member who shall all be public school teachers, to be appointed by
the Commission through the Election Officer of Morong, Bataan. Each member of the Referendum Committee shall
be entitled to a per diem of Two Hundred Pesos (P200.00) for services
rendered on the day of the referendum.
SECTION 9. Referendum returns and distribution of copies
thereof. - The referendum returns shall be prepared by the Referendum
Committee in three (3) copies, to be distributed as follows:
(1) The first copy
shall be delivered to the Referendum Board of Canvassers;
(2) The second copy
shall be forwarded to the Election Records and Statistics Department of the
Commission; and
(3) The third copy
shall be deposited inside ballot box.
SECTION 10. Referendum Board of Canvassers. - There is
hereby created a Referendum Board of Canvassers which shall be composed of the
Provincial Election Supervisor of Bataan as Chairman; and as Members thereof,
the Municipal Treasurer and the most senior District School Supervisor or, in
the latter's absence, a principal of the school district or the elementary
school.
At least five (5) days
before the day of the referendum, the Chairman shall issue a written notice to
the Members of the Board that it shall
convene at four o'clock in the afternoon of Referendum Day to canvass the referendum
returns. Notice of said meeting shall be posted in conspicuous places in the
Municipal Hall and other public places within the municipality.
The Board shall meet
at the session hall of the Sangguniang Bayan of Morong, Bataan not later than
four o'clock in the afternoon of Referendum Day, and shall immediately canvass
the referendum returns and shall not adjourn until the canvass is completed.
SECTION 11. Preparation and distribution of copies of the
referendum results. - As soon as all the returns have been canvassed, the
Board shall prepare and accomplish the Certificate of Canvass of Votes and
Proclamation in five (5) copies, supported by a Statement of Votes per
Precinct, and, on the basis thereof, shall certify and proclaim the final
results.
Said copies shall be
distributed as follows:
(1) The original
shall, within three (3) days from proclamation, be sent to the Election Records
and Statistics Department of the Commission;
(2) The second copy
shall be filed in the Office of the Provincial Election Supervisor of Bataan;
(3) The third copy
shall be submitted to the Provincial Governor of Bataan;
(4) The fourth copy
shall be kept in the Office of the Election Officer of Morong, Bataan;
(5) The fifth copy shall
be submitted to the Municipal Mayor of Morong, Bataan.
SECTION 12. Information Campaign. - There shall be a
period of information campaign which shall commence immediately, but shall not
include the day before and the day of the referendum. During this period, The
Election Officer of Morong, Bataan shall convoke barangay assemblies or
"pulong-pulongs" within the municipality. Civic, professional,
religious, business, youth and any other similar organizations may also hold
public rallies or meetings to enlighten the residents therein of the issues
involved. Constructive discussions and debates shall be encouraged and the
voters assured of the freedom to voice their opinion regarding the issue.
SECTION 13. Applicability of election laws. - The
pertinent provisions of Omnibus Election Code (Batas Pambansa Blg. 881), the
Electoral Reforms Law of 1987 (Republic Act No. 6646) and other related
election laws which are not inconsistent with this Resolution shall apply to
this referendum.
SECTION 14. Implementation. - The Executive Director,
assisted by the Deputy Executive Director for Operations and the Directors of
the Finance Services Department, Administrative Services Department and
Election and Barangay Affairs Department, shall implement this Resolution to
ensure the holding of a free, orderly, honest, peaceful and credible
referendum.
SECTION 15. Effectivity. - This Resolution shall take
effect on the seventh day after its publication in two (2) daily newspapers of
general circulation in the Philippines.
SECTION 16. Dissemination. - The Education and
Information Department shall cause the immediate publication of this Resolution
in two (2) daily newspapers of general circulation in the Philippines and give
this Resolution the widest publicity and dissemination possible. The Executive
Director shall furnish the Secretary of the Department of Budget and
Management; the Secretary of the Department of Education, Culture and Sports;
the Provincial Governor of Bataan; the Provincial Election Supervisor of Bataan;
and the Municipal Mayor, the Municipal Treasurer, the District School
Supervisor, and the Election Officer, all of Morong, Bataan, each a copy of
this Resolution the widest publicity possible within the municipality.
SO ORDERED.
[12] Sec. 3, Republic Act 6735; approved on August 4,
1989.
[13] Philippine Political Law, 1991 edition, p.
169.
[14] Black's Law Dictionary, 1979 edition, pp. 705
and 1152. See also Words and Phrases,
Vol. 36A, 179 et seq. and Vol. 21-A, pp. 56 et seq.; 42 Am. Jur 647 et
seq.; Bouvier's Law Dictionary, Vol. I, 3rd edition, 1569.
[15] Sec. 17, RA 6735.
[16] Sec. 10 (a), RA 6735.
[17] Sec. 13 (d), RA 6735.
[18] Rollo, pp. 10, 14.
[19] "Thus, local initiatives cannot propose the
enactment of the death penalty for any crime because the imposition of (such) penalty
is not within the competence of the local sanggunian to enact." --
Pimentel, The Local Government Code of 1991, 1993 edition, p. 237.
[20] "Judicial power has been defined in
jurisprudence as 'the right to determine actual controversies arising between
adverse litigants, duly instituted in courts of proper jurisdiction' (citing Muskrats
v. United States, 219 U.S. 346 [1911).
It is 'the authority to settle controversies or disputes involving
rights that are enforceable and demandable before the courts of justice or the
redress of wrongs for violation of such rights' (citing Lopez v. Roxas,
17 SCRA 756, 761 [1966]). Thus, there can be no occasion for the exercise of
judicial power unless real parties come to court for the settlement of an
actual controversy and unless the controversy is such that can be settled in a
manner that binds the parties by the application of existing laws.
"The 1987
Constitution now adds: 'Judicial power includes the duty of the courts of
justice to settle actual controversies involving rights which are legally
demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any branch or instrumentality of
the Government.' x x x"
-Fr. Joaquin G. Bernas, S.J., The Constitution of the Republic of the
Philippines - A Commentary, Vol. II, 1988 edition, p. 255.
[21] Sec. 18, RA 6735.
[22] Andres R. Narvasa C.J., Handbook on the Courts
and the Criminal Justice System, 1996 Ed., p. 5.
[23] Cf. Sec. 12, RA 6735.
[24] 42 Am. Jr. 2d, p. 653.
[25] Bernas, op. cit., Vol. II, at p. 68.
[26] R.A. 7160, See Book I, Title Nine, Chapter 2.
[27] Garcia vs, Commission on Elections, et al.,
supra, at p. 288.