Back

Enrique T. Garcia vs. Commission On Elections (COMELEC)

ENRIQUE T. GARCIA, ET AL., petitioners, vs. COMMISSION ON ELECTIONS and LUCILA PAYUMO, ET. AL., respondents.

G.R. No. 111511 | 1993-10-05

D E C I S I O N

PUNO, J.:

The EDSA revolution of 1986 restored the reality that the people's might is not a myth. The 1987 Constitution then included people power as an article of faith and Congress was mandated to pass laws for its effective exercise. The Local Government Code of 1991 was enacted providing for two (2) modes of initiating the recall from office of local elective officials who appear to have lost the confidence of the electorate. One of these modes is recall through the initiative of a preparatory recall assembly. In the case at bench, petitioners assail this mode of initiatory recall as unconstitutional. The challenge...