Legally Yours,  Political Law

Alunan v. Mirasol

Alunan v. Mirasol

GR. No. 122250 | July 21, 1997

FACTS:

The Local Government Code of 1991 provided for a Sangguiniang Kabataan in every barangay to be composed of a chairman, 7 members, a secretary, and a treasurer. The COMELEC provided guidelines for the holding of the general elections for the SK on September 30, 1992, which also placed the SK elections under the direct control and supervision of DILG, with the technical assistance of COMELEC.

On September 18, 1992, the DILG issued a letter-resolution stating that the LGC intended to exemptig certain barangay chapters from the forthcoming SK elections. Private respondents filed a petition for certiorari and mandamus, arguing that petitioner Secretary of Interior and Local Government had no power to amend the resolutions of the COMELEC calling for general elections for SKs.

ISSUES:

  1. Whether or not the COMELEC can validly vest the DILG with the power of direct control and supervision over the SK elections with the technical assistance of COMELEC.
  2. Whether or not the the Secretary of Interior and Local Government can “exempt” a local government unit from holding elections for SK officers.

 HELD:

The COMELEC placed the SK elections under the direct control and supervision of the DILG. Contrary to respondents’ contention, this did not contravene Art. IX, C, §2(1) of the Constitution. The elections for SK officers are not subject to the supervision of the COMELEC in the same way that contests involving elections of SK officials do not fall within the jurisdiction of the COMELEC. The choice of the DILG for the task in question was appropriate and was in line with the legislative policy evident in several statutes.  Thus, in creating Kabataang Barangays in every barangay throughout the country, the Secretary of Local Government and Community Development shall promulgate such rules and regulations as may be deemed necessary to effectively implement the provisions of the Decree.

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