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GOH V.

BAYRON
[GR. No. 212584; November 25, 2014]
Facts:
• Alroben Goh filed before the Comelec a recall petition against Mayor Bayron of Puerto Princesa
City due to loss of trust and confidence.
• Comelec found the recall petition sufficient in form and substance but suspended the funding of any and all
recall elections until the resolution of the funding issue.
• Comelec contended that while there is a law authorizing the Chairman to augment a deficient appropriation,
there was no existing line item in the Commission’s budget for the actual conduct of a recall elections.
o The Commission also posited that granting arguendo that the line item for the “conduct and supervision of
elections, referenda, recall votes and plebiscites” under the Program category of the Commission’s 2014
budget is also a line item for the conduct of recall elections, still augmentation cannot be made within the
bounds of the law. Under Sec. 69 of the General Provisions of the 2014 GAA, there are priorities in the use of
savings, and the conduct of recall elections is not one of them.
• Goh submits that, notwithstanding its finding that the recall petition was sufficient in form and substance,
Comelec’s decision to nevertheless suspend the holding of a recall election supposedly through lack of funding
constituted grave abdication and wanton betrayal of the Constitutional mandate and a grievous violation of the
sovereign power of the people.
Issue/s: WON the Comelec committed grave abuse of discretion in suspending the funding of recall elections
Held: YES.
• The 2014 GAA provides the line item appropriation to allow the Comelec to perform its constitutional
mandate of conducting recall elections.
• There is no need for supplemental legislation to authorize the Comelec to conduct recall elections for 2014.
• The 1987 Constitution expressly provides the Comelec with the power to enforce and administer all laws
and regulations relative to the conduct of an election, plebiscite, initiative, referendum and recall.

• The Constitution not only guaranteed the Comelec’s fiscal autonomy, but also granted its head, as authorized
by law, to augment items in its appropriations from its savings.
• The 2014 GAA provided such authorization to the Comelec Chairman.
• When the COMELEC receives a budgetary appropriation for its "Current Operating Expenditures," such
appropriation includes expenditures to carry out its constitutional functions, including the conduct of recall
elections.

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