Marmeto V. Comelec G.r. No. 213953 (26 September 2017) Ponente: Facts

Marmeto v. COMELEC G.R. No. 213953 (26 September 2017) PONENTE: DEL CASTILLO, J FACTS: Petitioner filed with the Sangguniang Panglungsod, in behalf of Muntinlupa People Power (MPP), a proposed ordinance which establishes a sectoral council and the appropriation of Php 200 million for the livelihood programs and projects that would benefit the people of Muntinlupa. The Sangguniang Panglungsod failed to act on the said proposal, causing the petitioner to file a petition for initiative under RA 7160 or the Local Government Code of 1991. The Secretary of the Sangguniang Panglungsod wrote a letter to the COMELEC, stating that they are unable to grant the said petition for the City’s budget has already been enacted and it would require a new appropriation ordinance to provide funds to conduct the initiative. COMELEC set aside the petition for initiative on the grounds that it was beyond the powers of the Sangguniang Panglungsod and is contrary to the existing laws and rules. Petitioner filed a motion for reconsideration, arguing that the said proposed sectoral council would not constitute a separate legislative body from the Sangguniang Panglungsod and would only act as people’s representatives that would facilitate people’s power of initiative and referendum. COMELEC denied the petition but suggested that the petitioner may opt to re-file his initiative petition since the Sangguniang Panglungsod is now composed of new members who may be more sympathetic to his petition. But despite filing his second proposed ordinance, he did not receive any favorable response and COMELEC issued Resolution No. 14-0509 which dismissed the petitioner’s second initiative petition on the grounds of lack of budgetary allocation and that such petition was beyond the legal powers of the Sangguniang Panglungsod.

ISSUES: (1) WON COMELEC can dismiss the petitioner’s initiative petition on the ground of lack of budgetary allocation. (2) WON COMELEC committed grave abuse of discretion amounting to lack or excess of jurisdiction in dismissing the petition.

DECISIONS: (1) No, the petitioner’s initiative was filed in 2014 and in COMELEC’s 2014 General Appropriations Act (GAA), there was a given budget for the conduct of initiative and referendum under the Program category. Moreover, the COMELEC is given a budgetary appropriation for its ‘Current Operating Expenditures’ that is meant for it to carry out its constitutional functions, which include conducting elections for initiative and referendum. (2) No, COMELEC, through its quasi-judicial and administrative powers, has the power to review initiative petitions to ensure that they are within the power of the concerned Sanggunian to enact. Section 124(b) of the Local Government Code provides that initiatives shall only extend to subjects or matters within the legal powers of the Sanggunian to enact. The said petition proposes to create another legislative body, separate from the Sanggunian, composed of 12 appointive sectoral representatives which is ultra vires because it is not allowed in the Local Government Code. Moreover, the proposed sectoral council overlaps with the existing Local Development Council and lacks measures in securing transparency and accountability in dealing with public funds, for under the petitioner’s proposed sectoral council, the utilization of the Php 200 million for livelihood programs is subject to the guidelines which will only be implemented

later on by the Muntinlupa Power People, depriving the public the chance to asses and scrutinize the use of public funds.

NOTES: Initiative has been described as an instrument of direct democracy whereby the citizens directly propose and legislate laws. It is considered as an exercise of original legislative power, together with referendum, as it is the citizens themselves who legislate the laws unlike the legislative power of the Congress which is considered derivative because it has only been delegated by the sovereign people. Derivative legislative power is considered subordinate to the original power of the people. RA 6735 provides the system of initiative and referendum on national and local laws. Resolution No. 2300 was promulgated by the COMELEC to provide the rules and regulations governing the conduct of initiative on the Constitution and initiative and referendum on national and local laws. The provisions of RA 6735 on local initiative and referendum are reiterated with slight modifications in the Local Government Code (LGC). RA 6735 and the LGC are thus the pertinent laws on local initiative and referendum which the COMELEC is mandated to enforce and administer under Article IX-C, Section 2 (1) of the Constitution. Section 127 of the Local Government Code gives the courts authority to declare null and void ordinances enacted through initiatives which violates Section 124(b) of the LGC (which states that initiatives shall only extend to subjects or matters which are within the legal powers of the Sanggunian to enact).