The Supreme Court has affirmed the importance of the people’s right to initiate local legislation, emphasizing that a lack of specific budgetary allocation cannot be used to obstruct this power. While the Commission on Elections (COMELEC) cannot deny the exercise of initiative due to budgetary reasons, the Court also clarified that COMELEC has the authority to review whether proposed initiatives fall within the legal powers of local legislative bodies. Ultimately, the Court dismissed the petition, finding that the specific proposals in the initiative petition were beyond the scope of the local council’s powers, effectively balancing the protection of electoral rights with the limits of local legislative authority. This decision highlights the judiciary’s role in safeguarding direct democracy while ensuring adherence to established legal frameworks.
Muntinlupa’s Missed Millions: Can People Power Override Local Council Limits?
The case of Engr. Oscar A. Marmeto v. Commission on Elections revolves around a proposed ordinance in Muntinlupa City aimed at creating a sectoral council and allocating P200 million for livelihood programs. When the local council failed to act on the proposal, Marmeto, representing the Muntinlupa People Power (MPP), sought to invoke the power of initiative under the Local Government Code (LGC). This legal battle underscores the tension between the people’s right to direct legislation and the COMELEC’s responsibility to manage elections within budgetary and legal constraints. The central question is whether the COMELEC can refuse to facilitate an initiative due to lack of funds and whether the proposals themselves are within the legal powers of the local government to enact.
Marmeto argued that the COMELEC’s denial, based on the unavailability of funds, constituted a neglect of its constitutional duties. He asserted that the COMELEC had a ministerial duty to conduct the initiative proceedings once the legal requirements were met. The COMELEC, however, countered that the proposed initiative exceeded the legal powers of the local council, as it sought to create a separate legislative body, an action not authorized by the LGC. Further, it cited Section 124(b) of the LGC, which states that “[i]nitiative shall extend only to subjects or matters which are within the legal powers of the Sanggunian to enact.” The COMELEC emphasized that the proposed sectoral council, with its 12 sectoral representatives, would act as a legislative body, which is beyond the powers granted to the Sangguniang Panlungsod under Section 458 of the LGC.
In its analysis, the Supreme Court recognized that initiative is a form of direct democracy where citizens propose and legislate laws, an exercise of original legislative power as enshrined in Section 1 of Article VI of the Constitution. This power is distinct from the derivative legislative power delegated to bodies like Congress. The Court emphasized the COMELEC’s mandate to enforce and administer laws on local initiative and referendum under Article IX-C, Section 2(1) of the Constitution, which includes managing the budgetary aspects of these electoral exercises.
Drawing from the precedent set in Goh v. Hon. Bayron, the Court addressed the issue of budgetary constraints. In Goh, the Court ruled that the COMELEC could not prevent a recall election due to lack of specific budgetary allocation, as the General Appropriations Act (GAA) provided a line item for the conduct and supervision of elections. The Court stated, “[w]hen the COMELEC receives a budgetary appropriation for its ‘Current Operating Expenditures,’ such appropriation includes expenditures to carry out its constitutional functions.” Applying this principle to Marmeto’s case, the Court found that the COMELEC had indeed been provided with budgetary allocation for the conduct of initiative elections, making the denial based on lack of funds a grave abuse of discretion.
However, the Court’s analysis did not end there. The COMELEC raised the argument that Marmeto’s propositions were beyond the powers of the Sangguiang Panlungsod to enact. Section 124(b) of the LGC explicitly limits initiatives to matters within the legal powers of the Sanggunian. While Section 127 of the LGC grants courts the authority to nullify approved propositions that violate the Constitution or exceed the sanggunian’s capacity, the Court clarified that this power extends only to propositions that have already been approved by voters.
The Court then addressed the question of who could review the sufficiency of an initiative petition before it reaches the ballot. It concluded that the COMELEC, in its quasi-judicial and administrative capacity, has the power to determine whether the propositions in an initiative petition are within the powers of the concerned sanggunian. Quoting Subic Bay Metropolitan Authority v. Commission on Elections, the Court affirmed that “the Comelec in the exercise of its quasi-judicial and administrative powers may adjudicate and pass upon such proposals insofar as their form and language are concerned…and…even as to content, where the proposals or parts thereof are patently and clearly outside the ‘capacity of the local legislative body to enact.’”
Applying this standard, the Court examined the propositions put forth by Marmeto, which included the creation of a sectoral council composed of 12 members to manage livelihood programs, empower this council to directly propose and enact ordinances, and allocate P200 million for livelihood projects. The Court found that these propositions were either sufficiently covered by or violative of the LGC.
Firstly, the creation of a separate local legislative body was deemed ultra vires, as the LGC vests local legislative power in the sangguniang panlungsod, comprised of elected representatives. Nothing in the LGC allows for the creation of another body to enact local laws. Secondly, the Court noted that the sectoral council’s proposed functions overlapped with those of the Local Development Council, which already includes representatives from people’s organizations. Finally, the Court raised concerns about the sectoral council’s authority to utilize and manage public funds, arguing that this could undermine the transparency and accountability measures required by the LGC.
FAQs
| What was the key issue in this case? | The central issue was whether the COMELEC could dismiss an initiative petition due to a lack of budgetary allocation and whether the proposed initiatives were within the legal powers of the local government to enact. The court addressed both issues, clarifying the COMELEC’s responsibilities and the limits of local legislative authority. |
| What did Marmeto propose in his initiative petition? | Marmeto’s petition proposed the creation of a sectoral council, the allocation of P200 million for livelihood programs, and granting the sectoral council the power to directly propose and enact ordinances. These proposals were intended to enhance local governance and provide economic opportunities for Muntinlupa residents. |
| Why did the COMELEC dismiss Marmeto’s petition? | Initially, the COMELEC dismissed the petition citing a lack of budgetary allocation for the conduct of local initiatives. Later, the COMELEC also argued that the propositions in the petition exceeded the legal powers of the local council to enact. |
| What was the Court’s ruling on the budgetary issue? | The Court ruled that the COMELEC could not dismiss the petition solely due to a lack of specific budgetary allocation, citing the general allocation for elections and electoral exercises in the GAA. This ruling emphasized the COMELEC’s duty to facilitate the exercise of electoral rights within its existing resources. |
| Did the Court find the proposed sectoral council legal? | No, the Court found that the creation of a separate local legislative body was ultra vires, as the LGC vests legislative power in the sangguniang panlungsod. Additionally, the proposed functions overlapped with the existing Local Development Council. |
| What powers does the COMELEC have over initiative petitions? | The COMELEC has the power to review the sufficiency of initiative petitions, including determining whether the proposed initiatives are within the legal powers of the concerned sanggunian to enact. This ensures that initiatives comply with the LGC and other relevant laws. |
| What is the significance of Goh v. Hon. Bayron in this case? | Goh v. Hon. Bayron established that the COMELEC cannot prevent the conduct of elections due to a lack of specific budgetary allocation if there is a general appropriation for electoral exercises. This precedent was applied to Marmeto’s case, reinforcing the COMELEC’s duty to facilitate initiatives within its existing budget. |
| What transparency concerns did the Court raise? | The Court raised concerns about the proposed sectoral council’s authority to manage public funds, arguing that it could undermine transparency and accountability measures. The Court emphasized that public funds must be used prudently and with oversight, and that turning over management to private entities could subvert these safeguards. |
In conclusion, while the Supreme Court affirmed the importance of facilitating the people’s right to initiative and referendum, it also underscored the need to adhere to existing legal frameworks and ensure transparency in the management of public funds. The decision reinforces the COMELEC’s duty to facilitate electoral exercises within budgetary constraints but also affirms its power to review the legality of proposed initiatives. The Court’s ruling balances the promotion of direct democracy with the need for responsible governance and legal compliance.
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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: ENGR. OSCAR A. MARMETO vs. COMELEC, G.R. No. 213953, September 26, 2017