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    SMBA Vs COMELEC

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    Cheza Biliran
    The Supreme Court ruled that the COMELEC committed grave abuse of discretion by proceeding with a local referendum that proposed amending a national law (RA 7227). While the people of Morong municipality have the power of initiative and referendum, the COMELEC overstepped its authority by preparing only for a referendum, rather than an initiative as originally proposed, and by attempting to control the substance of the proposed legislation. However, the local initiative was not yet ultra vires (beyond powers) because the resolution was still only a proposal and had not become municipal law.

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    SMBA Vs COMELEC

    Uploaded by

    Cheza Biliran
    111 views1 page
    The Supreme Court ruled that the COMELEC committed grave abuse of discretion by proceeding with a local referendum that proposed amending a national law (RA 7227). While the people of Morong municipality have the power of initiative and referendum, the COMELEC overstepped its authority by preparing only for a referendum, rather than an initiative as originally proposed, and by attempting to control the substance of the proposed legislation. However, the local initiative was not yet ultra vires (beyond powers) because the resolution was still only a proposal and had not become municipal law.

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    SMBA vs COMELEC

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    The Supreme Court ruled that the COMELEC committed grave abuse of discretion by proceeding with a local referendum that proposed amending a national law (RA 7227). While the people of Morong municipality have the power of initiative and referendum, the COMELEC overstepped its authority by preparing only for a referendum, rather than an initiative as originally proposed, and by attempting to control the substance of the proposed legislation. However, the local initiative was not yet ultra vires (beyond powers) because the resolution was still only a proposal and had not become municipal law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    111 views1 page

    SMBA Vs COMELEC

    Uploaded by

    Cheza Biliran
    The Supreme Court ruled that the COMELEC committed grave abuse of discretion by proceeding with a local referendum that proposed amending a national law (RA 7227). While the people of Morong municipality have the power of initiative and referendum, the COMELEC overstepped its authority by preparing only for a referendum, rather than an initiative as originally proposed, and by attempting to control the substance of the proposed legislation. However, the local initiative was not yet ultra vires (beyond powers) because the resolution was still only a proposal and had not become municipal law.

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    © All Rights Reserved
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    Biliran, Cheza Marie D.

    Subic Bay Metropolitan Authority vs Commission on Elections


    GR No.125416
    Petitioner: Subic Bay Metropolitan Authority
    Respondent: Commission on Elections
    Promulgation: September 26, 1996

    Facts:
    This case is about the Republic Act 7227 otherwise known as The Bases Conversion and
    Development Act of 1992 enacted on March 13, 1992. One of its purposes is to create the Subic
    Economic Zone. It also implemented, through petitioner Subic Bay Metropolitan Authority, the
    national policy of converting the Subic military reservation into alternative productive uses.

    On November 4, 1992, the Americans turned over the Subic military reservation to the Philippine
    government and petitioners immediately commenced the implementation of the task through the
    preservation of sea ports, buildings, airports, and other installations left by the Americans.

    Consequently, the Sangguniang Bayan ng Morong issued Pambayang Kapasyahan Blg. 18, Serye
    1993 pursuant to said Republic Act and asked the Congress of the Philippines to make certain
    amendments of RA 7227. The COMELEC denied their petition on the ground that the subject was
    merely a resolution and not an ordinance.

    Some time in 1995, the President issued Proclamation No. 532 defining the metes and bounds of the
    SSEZ including the portion of the former naval base within the territorial jurisdiction of the
    Municipality of Morong. Consequently, the COMELEC issued Resolution No. 2845 and 2848,
    adopting a "Calendar of Activities for local referendum and providing for the rules and guidelines to
    govern the conduct of the referendum.

    SMBA assailed the constitutionality of Resolution No. 2848 on the ground that public respondent is
    intent on proceeding with a local initiative that proposes an amendment of a national law.

    Issues:
    1. Whether or not the act of the COMELEC in promulgating Resolution No. 2848 is a grave abuse
    of discretion
    2. Whether or not the questioned local initiative covers a subject within the powers of the people
    of Morong to enact; i.e., whether such initiative "seeks the amendment of a national law.”

    Held:
    1. Yes, the COMELEC committed grave abuse of discretion because the private respondents
    started the process as an initiative, but the COMELEC prepared only for referendum. More than
    that, the power of initiative and referendum belongs to the people, and the COMELEC cannot,
    in any way, control or change the substance of the legislation.
    2. The local initiative is not an ultra vires because the resolution is not yet a municipal law, but
    merely on its proposal stage only.

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