Digest Author: Cecille Mangaser

Enrique T. Garcia v. Commission on Elections

GR Number 111511
Petition: Petition for certiorari and prohibition with writ of preliminary injunction
Petitioner: Enrique T. Garcia, et al.
Respondent: Commission on Elections and Lucila Payumo, et al.
Ponente: Puno, J.
Date: October 5, 1993
Facts:
Petitioner was the elected governor of the province of Bataan in the 1992 elections. On July1993,
some mayors, vice-mayors, and members of the Sangguniang Bayan of the 12 municipalities of
the province met and constituted themselves into a Preparatory Recall Assembly to initiate the
recall elections of the petitioner. They issued Resolution No. 1 as the formal initiation of the
recall proceedings. COMELEC scheduled a recall election. Out of the 146 names appearing in
Resolution No. 1, only 80 has signatures of PRA members. Of the 80, only 74 were genuine. The
PRAC had 144 members and the majority was 73. Petitioners filed with COMELEC a petition to
deny due course to the Resolution but it was dismissed. The petitioner filed with the Court a
petition for certiorari and prohibition with writ of preliminary injunction to annul the COMELEC
resolution because the PRAC failed to comply with the substantive and procedural requirement
laid down in the Local Government Code of 1991 (RA 7160). The petitioners point out that there
was a deliberate failure to send notices of the meeting to the 65 members of the assembly.
Issues:
1. Whether or not the people have the sole and exclusive right to initiate recall proceedings.
2. Whether or not the procedure for recall violated the right of elected local public officials
belonging to the political minority to equal protection of the law.
Ruling:
1. No. There is nothing in the Constitution that will remotely suggest that the people have
the sole and exclusive right to decide on whether to initiate a recall proceeding or not.
The mandate given by the Constitution to Congress include the power to choose effective
mechanisms of recall as its discernment dictates. Congress deemed it wise to enact an
alternative mode of initiating recall elections to supplement to former mode of initiation
by direct action of the people.
2. No. Under the law, all mayors, vice-mayors, and sanggunian members are made members
of the PRA at the provincial levels. Its membership is not apportioned to political parties.
There is no significance given to political affiliations of the members. Section 69 of the
LGC provides that the only ground to recall an official is loss of confidence by the
people. By implication, loss of confidence cannot be premised on mere differences in
political party affiliation. The law instituted safeguards to assure that the initiation of the
recall process by a PRA will not be corrupted by extraneous influences.
Dispositive:
The original petition and the supplemental petition assailing the constitutionality of Section 70 of
RA 7160 are dismissed for lack of merit.