THE Supreme Court (SC) on Tuesday directed the Commission on Elections (Comelec) to carry out the recall election against Puerto Princesa City Mayor Lucilo Bayron.
In a unanimous decision penned by Senior Associate Justice Antonio Carpio, the Court en banc granted the petition filed by Alroben Goh seeking to set aside Comelec Resolutlions 9864 and 9882, which suspended the conduct of all recall proceedings due to lack of funds.
“We partially reverse and set aside Resolution 9864 insofar as it directed the deferment of any all actions and proceedings on recall petitions. We reverse and set aside Resolution 9882, and directs the Comelec to immediately carry out the recall elections of Mayor Lucilo Bayron of Puerto Princesa City, Palawan, in accordance with the provisions of the Local Government Code and Comelec Resolution 7505,” the SC ruling said.
Resolution 9864, which was promulgated on April 1, affirmed the recommendation of the Office of the Deputy Executive Director finding the petition seeking the recall of Bayron sufficient in form and substance.
However, the resolution suspended the recall proceedings because of an issue raised on funding. Resolution 9864 was signed by all Comelec commissioners.
Meanwhile, Resolution 9882, which was promulgated on May 27, suspended any proceeding on recall, as the process does not have any appropriation in the 2014 General Appropriations Act (GAA).
It noted that the GAA does not give Comelec legal authority to commit public funds for the recall process. The resolution was signed by five out of seven Comelec commissioners.
But, the High Court held that the Comelec abused its discretion in issuing the two resolutions considering that the “2014 GAA provides the appropriation to allow the Comelec to perform its constitutional mandate.”
It added that the poll body has fiscal autonomy and that the Constitution provides the Comelec with the power to enforce all laws and regulations relative to the conduct of an election, plebiscite, initiative, referendum and recall.