The Supreme Court ruled that the Commission on Elections (COMELEC) has the authority to conduct recall elections using its existing budget, specifically the line item for “Conduct and supervision of elections, referenda, recall votes and plebiscites.” The Court found that the COMELEC committed grave abuse of discretion by suspending recall elections due to alleged lack of funds, emphasizing that the 2014 General Appropriations Act (GAA) provided sufficient appropriation for this purpose. This decision reinforces COMELEC’s constitutional mandate to administer elections and clarifies its ability to utilize existing funds for recall processes, ensuring the people’s right to hold their elected officials accountable is not hindered by budgetary concerns.

Recall on Hold: Can Budgetary Concerns Thwart the Will of the Voters?

In 2014, Alroben J. Goh sought to recall Mayor Lucilo R. Bayron of Puerto Princesa City, citing loss of trust and confidence. The COMELEC initially found the recall petition sufficient but then suspended proceedings, citing concerns about funding. This led to a legal battle questioning whether the COMELEC could halt a recall election due to budgetary constraints, or if the existing appropriations were sufficient to fulfill its constitutional mandate.

The heart of the matter revolved around interpreting the 2014 General Appropriations Act (GAA) and the extent of COMELEC’s fiscal autonomy. The COMELEC argued that the GAA did not provide a specific line item for recall elections, thus preventing them from using public funds for this purpose. The petitioner, Goh, countered that the GAA did indeed provide an appropriation for the conduct of elections, which inherently includes recall elections, and that the COMELEC could augment this appropriation from its savings.

The Supreme Court sided with Goh, emphasizing that the COMELEC’s constitutional mandate to conduct elections, including recall elections, is explicitly stated in Section 2(1), Article IX-C of the 1987 Constitution:

[e]nforce and administer all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum, and recall.

The Court further underscored the COMELEC’s fiscal autonomy, guaranteed by Section 5, Article IX-A of the 1987 Constitution, which mandates that “their approved annual appropriations shall be automatically and regularly released.” Building on this principle, the Court noted that Section 25(5), Article VI of the 1987 Constitution, allows heads of constitutional commissions to augment items in their appropriations from savings. The 2014 GAA provided this authorization to the COMELEC Chairman. Section 67 of the 2014 GAA states:

the Heads of Constitutional Commissions enjoying fiscal autonomy… are hereby authorized to use savings in their respective appropriations to augment actual deficiencies incurred for the current year in any item of their respective appropriations.

The COMELEC, however, maintained that while there was a line item for “Conduct and supervision of elections, referenda, recall votes and plebiscites,” it was intended for basic administrative operations and could not be used for the actual conduct of recall elections. They argued that in previous years, specific line items were provided for national and local elections, SK and Barangay elections, and overseas absentee voting, implying that a similar specific line item was necessary for recall elections.

The Supreme Court rejected this argument, pointing out that the 2014 GAA expressly provided a line item for the conduct and supervision of recall elections. The Court emphasized that one of the COMELEC’s specific constitutional functions is to conduct recall elections, and when the COMELEC receives a budgetary appropriation for its “Current Operating Expenditures,” it includes expenditures to carry out its constitutional functions. The Court highlighted the contrast between this case and Socrates v. COMELEC (440 Phil. 106 (2002)), where recall elections were conducted even without a specific appropriation for recall elections in the 2002 GAA, stating that if the phrase “Conduct and supervision of elections and other political exercises” was sufficient in 2002, then the specific line item in the 2014 GAA, “Conduct and supervision of x x x recall votes x x x,” should be more than adequate.

The Court addressed the COMELEC’s concerns about augmenting funds, noting that the COMELEC did not dispute the existence of savings. Referencing the transcript of the COMELEC’s 2014 budget hearing, the Court noted that the COMELEC estimated billions in savings. The COMELEC argued that it lacked the authority to augment expenses for recall elections from its savings, citing provisions in the 2014 GAA that limited the use of savings to specific purposes.

The Court clarified that there was no clash between the COMELEC and Congress, reiterating that the 2014 GAA provided a line item appropriation for the COMELEC’s conduct of recall elections. Since the COMELEC admitted it did not have sufficient funds from its current line item appropriation, the Court reasoned that there was an actual deficiency, allowing the COMELEC Chairman to augment the item for the “Conduct and supervision of x x x recall votes x x x” from the COMELEC’s existing savings.

The Court stated that the appropriations for personnel services and maintenance and other operating expenses falling under “Conduct and supervision of elections, referenda, recall votes and plebiscites” constitute a line item that can be augmented from the COMELEC’s savings to fund the conduct of recall elections. The Court dismissed the COMELEC’s distinction between “Projects” and “Programs,” stating that the constitutional test for validity is whether the purpose of the appropriation is specific enough, not how itemized it is down to the project level.

Ultimately, the Supreme Court found that the COMELEC committed grave abuse of discretion in suspending the recall elections. The Court held that the 2014 GAA provided a line item appropriation for the COMELEC’s conduct of recall elections and that the COMELEC Chairman could exercise the authority to augment this appropriation from the COMELEC’s existing savings. This ruling ensures that the COMELEC can fulfill its constitutional mandate to administer recall elections without undue hindrance from budgetary constraints.

FAQs

What was the key issue in this case?	The central issue was whether the COMELEC could suspend a recall election due to a perceived lack of specific funding, or whether existing budgetary appropriations were sufficient to cover the costs. The Court determined that COMELEC could use existing funds.
Did the 2014 GAA include a specific line item for recall elections?	Yes, the Supreme Court found that the 2014 GAA did include a line item for the “Conduct and supervision of elections, referenda, recall votes and plebiscites,” which was sufficient to cover recall elections. This appropriation allowed the COMELEC to use these funds.
What is fiscal autonomy and how does it apply to the COMELEC?	Fiscal autonomy means that the COMELEC has the power to control and manage its own budget. This autonomy ensures that the COMELEC can independently fulfill its constitutional duties without undue interference from other government branches.
Can the COMELEC augment its budget from savings?	Yes, the COMELEC Chairman is authorized to augment any item in the general appropriations law for their office from savings in other items, provided there is an actual deficiency in the item to be augmented. This authority is provided by law.
What was the COMELEC’s argument for suspending the recall election?	The COMELEC argued that the line item in the GAA was intended for administrative operations and not for the actual conduct of recall elections, and that there were no savings available for augmentation. The Supreme Court disagreed with these arguments.
What is the difference between a “Program” and a “Project” in the context of the GAA?	A “Program” refers to the functions and activities necessary for a government agency’s major purpose, while a “Project” is a component of a program that results in an identifiable output. The Court clarified that the Constitution only requires a corresponding appropriation for a specific program, not for its sub-projects.
What was the Supreme Court’s ruling in this case?	The Supreme Court ruled that the COMELEC committed grave abuse of discretion by suspending the recall elections. The Court directed the COMELEC to immediately carry out the recall elections of Mayor Lucilo R. Bayron of Puerto Princesa City, Palawan.
What is the practical implication of this ruling?	The ruling clarifies that the COMELEC cannot use budgetary concerns as a reason to avoid conducting recall elections. It reinforces the COMELEC’s duty to facilitate the people’s right to hold elected officials accountable.

This case underscores the importance of fiscal autonomy for constitutional bodies like the COMELEC, ensuring they can effectively perform their duties without undue financial constraints. The decision reinforces the principle that budgetary concerns should not be used to undermine the constitutional rights of citizens to participate in recall elections and hold their elected officials accountable.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Alroben J. Goh vs. Hon. Lucilo R. Bayron and COMELEC, G.R. No. 212584, November 25, 2014