G.R. No. 111511 October 5, 1993
ENRIQUE T. GARCIA, ET AL., petitioners, vs. COMMISSION ON ELECTIONS and LUCILA PAYUMO, ET AL., respondents.

FACTS

Petitioner Enrique T. Garcia was elected governor of Bataan in the May 11, 1992 elections. On July 2, 1993, some mayors, vice-mayors, and members of the Sangguniang Bayan of the province’s twelve municipalities met and constituted themselves as a Preparatory Recall Assembly (PRA) to initiate a recall election against Garcia. They passed Resolution No. 1, citing “loss of confidence,” with 74 genuine signatures out of a total PRA membership of 144. Petitioners filed a petition with the COMELEC to deny due course to the resolution, alleging non-compliance with Section 70 of the Local Government Code (R.A. 7160). The COMELEC dismissed the petition and scheduled the recall election. Petitioners then filed a petition for certiorari and prohibition with the Supreme Court, arguing that Section 70 allowing recall through a PRA is unconstitutional because it deprives the people of the sole right to initiate recall and violates the equal protection rights of the political minority. They also contended the PRA proceedings were defective due to the deliberate failure to notify 65 members. The Court initially granted the petition on September 21, 1993, ruling the selective notification violated due process. Subsequently, a second PRA session was convened with notice, and a new resolution was passed. Petitioners filed a supplemental petition reiterating the constitutional challenge.

ISSUE

Whether Section 70 of R.A. 7160 (the Local Government Code of 1991), which allows a Preparatory Recall Assembly to initiate the recall of local elective officials, is unconstitutional.

RULING

The Supreme Court upheld the constitutionality of Section 70 of R.A. 7160. The Court ruled that every law enjoys a presumption of validity, and to strike it down requires a clear showing that it violates the Constitution. Recall is a mode of removal implied in the people’s sovereign power and is a fundamental right in a representative democracy. The 1987 Constitution mandates Congress to enact a local government code with an effective system of recall. Congress, in exercising its plenary legislative power, provided two alternative modes of initiating recall: by a preparatory recall assembly or by a petition of registered voters. This legislative choice is not unconstitutional. The PRA mode does not usurp the people’s sovereign power but is a constitutionally recognized delegation of that power to their elected representatives. Furthermore, the law does not violate equal protection, as the classification between members and non-members of the PRA is based on substantial distinctions (their being elected officials and constituents of the local unit) and is germane to the purpose of ensuring an effective recall system. The constitutional challenge is bereft of merit.