Case Digest: So v. Republic (G.R. No. 170603)

So v. Republic | G.R. No. 170603 | 29 Jan 2007 | Callejo, Sr. J. | Art IV (Section 1, Par 4) | Petitioners: Edison So Respondents: Republic of the Philippines Recit Ready Summary Herein Petitioner So filed for a Petition for Naturalization under CA No. 473 aka the Revised Naturalization Law.He presented 2 witnesses à fam business lawyer Atty. Adasa & UST classmate Mark Salcedo. RTC granted So’s petition. Respondent Republic of the Phil through OSG said not so fast! Coz SolGen claims na the 2 witnesses So presented did not know him (So) well enough and that they only gave general statements upon being asked about the character and moral conduct of So. CA set aside RTC’s decision. Hence, this present petition. The issue is W/N So qualifies for Philippines Citizenship and the Court said NO. It was wrong for So to claim that that RA 9139 should apply to his case instead of CA No. 473. This is because the latter applied to ALL ALIENS regardless of class while the former applies to nati...
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Case Digest: Garcia v. COMELEC (G.R. No. 111230)

Garcia v. COMELEC | G.R No 111230 | September 30, 1994 | Puno, J. | 

NOTES:
This is a case of first impression and it is one of transcendental importance.

According to Fr. Bernas, there are two kinds of legislative power in a republican system

  1. Original legislative power – possessed by the sovereign people
  2. Derivative legislative power – that which has been delegated by the sovereign people to legislative body and is subordinate to the original power of the people.

Up until 1987, the people have not exercised directly the original legislative power.

Originally, the people did not reserve for themselves the same power to make or repeal laws. The omission proved to be unfortunate as this became the source of abuse in the Marcos’ years.

New Consti (1987) became less trusting of public officials as put by Fr. Bernas – a result of our collective trauma from our nation’s slide of democracy to authoritarianism to anarchy. 

FACTS:

  • In its Pambayang Kapasyahan Blg 10, serye 1993, the Sangguniang Bayan ng Morong (SBM), Bataan agreed to the inclusion of the Municipality of Morong as part of the Subic Special Economic Zone in accordance with Republic Act 7227.
  • The petitioners filed a petition with the SBM to annul the Pambayang Kapasyahan.
  • The municipality of Morong did not take any action on the petition within 30 days after its submission.
  • Petitioners then resorted to the power of initiative under the Local Government Code (LGC) of 1991. They started to solicit the required number of signatures to cause the repeal of the said resolution.
  • However, Hon. De Leon, Vice-Mayor and Presiding Officer of Sangguniang Bayan ng Morong wrote a letter to COMELECT requesting the denial of the petition for a local initiative on the grounds that: (a) issues raised by petitioners were favorably acted upon by the Congress and other gov’t agencies already.
  • The COMELEC resolved to deny the petition for local initiative on the ground that its subject is merely a resolution and not an ordinance. It contends that under the LGC, a resolution cannot be the subject of a local initiative.

ISSUES: Whether or not Pambayang Kapasyahan Blg 10 of the SMB is the proper subject of a local initiative? YES.

HELD:

  1. The constitution clearly includes not only ordinances but resolutions.

·         Section 32 of Article VI states that “xxx 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”

·         Section 2 of Article VI provides that the legislative power shall be vested to the congress xxx except to the extent to the people by the provision on initiative and referendum.”

  1. The constitutional command to include also acts as appropriate subjects of initiative was supplemented by Congress when it enacted RA 6735 (An Act Providing for a System of Initiative and Referendum and Appropriating Funds Therefor”

·         Borrowed from American laws, it expressly included resolutions as subjects of initiatives on local legislations.

·         Section 3(a), par. 3 of it includes initiatives of local legislation which mention resolutions as well.

  1. Respondents rely on the literal wording of Local Initiative, as defined by the LGC in Sec. 124, Chapter 2, Title 11, Book 1: “is the legal process whereby the registered voters of a local government unit may directly propose, enact or amend any ordinance.”

·         It merely defines the initiative but was no in its intent to limit the coverage of local initiatives to ordinances alone.

·         The reason that respondents’ view was denied by the court was because this will collide with the Constitution and subvert the intent of the lawmakers in enacting the provisions of LGC.

·         Court held that this definition does not limit the application of local initiatives to ordinances and as pointed out in Sec. 120 of the same code which mentions that the power of initiative shall extend only to subjects or matters which are within the legal powers of the Sanggunians to enact, definitely including resolutions.

  1. COMELEC, in 1991, also promulgated a resolution (Re: Rules and Regulations of Governing the Conduct of Initiative) which recognized resolutions as proper subjects of initiatives under Sec 5, Art. I of said Rules.
  2. Respondents also failed to give any reason why resolutions should not be subject of a local initiative.
  1. Resolutions are normally not subject to referendum for it may destroy the efficiency necessary to the successful administration of the business affairs of a city. In the case at bench, it cannot be argued that the subject matter of the Resolution of the Municipality of Morong merely temporarily affects the people of Morong for it directs a permanent rule of conduct and Government.

Other issues:

Petitioners were denied due process as they were not furnished a copy of the letter-petition of the Vice Mayor to COMELEC and that COMELEC granted the said petition without affording the petitioners any fair opportunity to oppose it.

DISPOSITION: Petition GRANTED, the resolutions of COMELEC are set aside







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