GR 125416; (September, 1996) (Digest)
G.R. No. 125416 September 26, 1996
SUBIC BAY METROPOLITAN AUTHORITY, petitioner, vs. COMMISSION ON ELECTIONS, ENRIQUE T. GARCIA and CATALINO A. CALIMBAS, respondents.
FACTS
The Sangguniang Bayan of Morong, Bataan, passed Pambayang Kapasyahan Bilang 10, Serye 1993, expressing its concurrence to join the Subic Special Economic Zone as required by Republic Act No. 7227 (the Bases Conversion Act). Subsequently, private respondents filed a petition with the Sangguniang Bayan to annul this resolution and replace it with one containing numerous specific conditions for Morong’s participation. The Sangguniang Bayan responded by passing another resolution requesting Congress to amend RA 7227 regarding some of the raised matters and informing that others had been referred to concerned agencies.
Not satisfied, and within 30 days, private respondents invoked the power of local initiative under the Local Government Code to directly enact an ordinance recalling Kapasyahan Bilang 10. They submitted a petition for initiative to the COMELEC. The Subic Bay Metropolitan Authority (SBMA) filed a plea with the COMELEC to stop the process, arguing the proposition was not proper for initiative. The COMELEC denied SBMA’s plea and authorized the holding of the initiative and referendum, prompting SBMA to file this petition for certiorari and prohibition.
ISSUE
Whether the COMELEC committed grave abuse of discretion in allowing the holding of a local initiative and referendum to recall the Sangguniang Bayan’s resolution concurring with the creation of the Subic Special Economic Zone.
RULING
Yes, the COMELEC committed grave abuse of discretion. The Supreme Court nullified the COMELEC’s resolutions. The power of local initiative under the Local Government Code extends only to the enactment, amendment, or repeal of ordinances. A municipal resolution, such as the Pambayang Kapasyahan in question, is not an ordinance. An ordinance is a law of permanent character, while a resolution is merely a declaration of sentiment or opinion of a lawmaking body on a specific matter of temporary character. The recall or repeal of a resolution is therefore not a proper subject of the system of initiative. The proposition sought to be enacted via initiative was essentially a call to repeal a resolution, which is beyond the scope of the power granted by law. Consequently, the COMELEC acted without jurisdiction in authorizing the initiative process. The Court emphasized the need to distinguish between initiative and referendum, noting that while both are instruments of direct democracy, they have distinct constitutional and statutory parameters that must be strictly observed to preserve the integrity of the legislative process.