GARCIA vs. COMELEC (Public Corporation)

G.R. No. 111511 October 5, 1993

ENRIQUE T. GARCIA, ET AL., petitioners,

vs.

COMMISSION ON ELECTIONS and LUCILA PAYUMO, ET AL., respondents.

Alfonso M. Cruz Law Offices for petitioners.

Romulo C. Felizmeña, Crisostomo Banzon and Horacio Apostol for private respondents.

FACTS:

Petitioner Enrique T. Garcia was elected governor of the province of Bataan in the May 11, 1992 elections. Some mayors, vice-mayors and members of the Sangguniang Bayan of the twelve (12) municipalities of the province constituted themselves into a Preparatory Recall Assembly to initiate the recall election of petitioner Garcia. moved that a resolution be passed for the recall of the petitioner on the ground of "loss of confidence." The motion was "unanimously seconded." Pursuant to the provisions of Section 70, paragraphs (a), (b) and (c) of Republic Act 7160, otherwise known as the Local Government Code of 1991.

Petitioners urged that section 70 of R.A. 7160 allowing recall through the initiative of the PRAC is unconstitutional because the people have the sole and exclusive right to decide whether or not to initiate proceedings.

ISSUE:

Whether  the original Petition and the Supplemental Petition assailing the constitutionality of section 70 of R.A. 7160 insofar as it allows a preparatory recall assembly initiate the recall of local elective officials is bereft of merit.

RULING:

Yes.

Petitioners cannot point to any specific provision of the Constitution that will sustain this submission. To be sure, 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." The Constitution did not provide for any mode, let alone a single mode, of initiating recall elections. Neither did it prohibit the adoption of multiple modes of initiating recall elections. The mandate given by section 3 of Article X of the Constitution is for Congress to "enact a local government code which shall provide for a more responsive and accountable local government structure through a system of decentralization with effective mechanisms of recall, initiative, and referendum . . ." By this constitutional mandate, Congress was clearly given the power to choose the effective mechanisms of recall as its discernment dictates. The power given was to select which among the means and methods of initiating recall elections are effective to carry out the judgment of the electorate. Congress was not straightjacketed to one particular mechanism of initiating recall elections. What the Constitution simply required is that the mechanisms of recall, whether one or many, to be chosen by Congress should be effective. Using its constitutionally granted discretion, Congress deemed it wise to enact an alternative mode of initiating recall elections to supplement the former mode of initiation by direct action of the people. 

It is not constitutionally impermissible for the people to act through their elected representatives. Nothing less than the paramount task of drafting our Constitution is delegated by the people to their representatives, elected either to act as a constitutional convention or as a congressional constituent assembly. The initiation of a recall process is a lesser act and there is no rhyme or reason why it cannot be entrusted to and exercised by the elected representatives of the people.