Garcia v. COMELEC (Digest)
Garcia v. COMELEC (Digest)
Garcia v. COMELEC (Digest)
FACTS:
ISSUES:
1. WON the Pambansang Kapasyahan Blg. 10, Serye 1993 is the proper
subject of an initiative.
2. WON the decision of the COMELEC to deny the petition be set aside.
HELD:
YES. The petition is granted and the decision of the COMELEC on July 6,
1993 is annulled and set aside.
RATIO:
The Constitution clearly includes not only ordinances but resolutions as
appropriate subjects of a local initiative. Section 32 of Article VI provides in
luminous language: "The Congress shall, as early as possible, provide for a
system of initiative and referendum, and the exceptions therefrom, whereby
the people can directly propose and enact laws or approve or reject any act
or law or part thereof passed by the Congress, or local legislative body . . ."
An act includes a resolution. It is basic that a law should be construed in
harmony with and not in violation of the constitution.