Back

Enrique T. Garcia vs. Commission On Elections (COMELEC) [DISSENTING OPINION, DAVIDE, J.]

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

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

DAVIDE, JR. J., dissenting:

The paramount issue in this case is the constitutionality of that part of Section 70 of the Local Government Code of 1991 (R.A. No. 7160) which grants to a body known as the preparatory recall assembly (PRA) the power to initiate recall proceedings. 1 At the provincial level, as in this case, the PRA is composed of all mayors, vice-mayors, and sanggunian members of the municipalities and component cities in the province.

The issue can only be resolved by inquiring into the nature or essence of recall. The system of recall was adopted for the first time in our jurisdiction in the 1973 Constitution. Section 2 of...