SC junks anti-con-ass pleas

The fight against the one-chamber constituent assembly to amend the Charter isn’t over as yet, despite a ruling by the Supreme Court (SC) dismissing for being premature two petitions that sought the nullification of moves in the House of Representatives to convene a con-ass in revising the 1987 Constitution.

In a sharp rebuke at the evident incompetence and ignorance of the petitioners, with their petitions wasting the time of the SC, the high court branded the two petitioners as “ignorant and the ignoble to file petitions that prove nothing but their cerebral deficit.”

In an eight-page resolution, the high court through Chief Justice Reynato Puno ruled that the suits which challenge the validity of House Resolution 1109 failed to meet the legal requirement of “an actual case or controversy” before the case can actually be deliberated on by the courts.

The move in Congress is a move widely seen by Palace critics as an effort by the Arroyo administration and its allies to remove term limits for incumbent elective officials under the Charter.

The two petitions before the SC had been filed by a private lawyer Oliver Lozano and a citizen, Louis Biraogo. Lozano’s motives have been put to question due to his past acts of initiating “pre-emptive” impeachment proceedings before Congress against President Arroyo which prevented the filing of subsequent and more substantial impeachment complaints by the President’s critics.

The second petitioner, Biraogo, had initiated a complaint against Chief Justice Puno in the past and is under investigation by the high court for obtaining a “draft decision” from the high court in an election case.

In dismissing Lozano and Biraogo’s separate petitions, the high court said the legal need for an actual case “bans the court from deciding ‘abstract,hypothetical or contingent questions,” and said the petitioners lack of legal standing to pursue the charges cannot be remedied by their claim that they are instituting the cases as taxpayers and concerned citizens.

“Neither can the lack of locus standi be cured by the claim of petitioners that they are instituting the cases at bar as taxpayers and concerned citizens. It is undisputed that there has been no allocation or disbursement of public funds in this case as of yet, “ the SC said.

The SC intimated the ignorance of the peititioners when it said that they have no standing even as taxpayers since “there has been no allocation or disbursement of public funds yet.”

In a stinging rebuke to Lozano and Biraogo the high court said “while the court has taken an increasingly liberal approach to the rule of locus standi, evolving from the stringent requirements of “personal injury” to the broader ‘transcendental importance’ doctrine, such liberality is not to be abused. It is not an open invitation for the ignorant and the ignoble to file petitions that prove nothing but their cerebral deficit.

“Judicial review is effective largely because it is not available simply at the behest of a partisan faction, but is exercised only to remedy a particular, concrete injury,” the SC said in ruling to turn down the suit.

Lozano, a key leader of the pro-Marcos Kilusang Bagong Lipunan (KBL) in his suit named Speaker Prospero Nograles as lone respondent, representing the majority of members of the House.

“The railroaded HR 1109 is unconstitutional or bogus for deviation from the prescribed procedures to amend the Constitution by excluding the Senate of the Philippines from the complete process of proposing amendments to the Constitution and for lack of thorough debates and consultations,” Lozano said.

In a press statement, the SC stated it had rejected to exercise its jurisdiction over the two consolidated petitions because the fitness of petitioners’ case for the exercise of judicial review is grossly lacking, stressing that the power of review by the high court is applicable only to “actual cases and controversies” which requirement bans this court from deciding abstract, hypothetical or contingent questions.”

The court also noted that “no actual convention has yet transpired and no rules of procedure have yet been adopted, adding that since there has been no proposal made, there cannot be therefore a usurpation of power or gross abuse of discretion that has taken place.”

Malacañang said it had expected the decision of the SC to dismiss the petitions.

Secretary Silvestre Bello III said the Palace joins the SC in declaring that there is no justiciable issue as yet.

The Cabinet secretary also pointed out that the dismissal by the high court of Lozano’s petition is also a confirmation that Lozano is not a lackey of Malacanang.

Militant solons also yesterday warned that the Arroyo administration is now poised to force the con-ass issue by moving to convene the House into a constituent body to introduce amendments to the Charter.

In a text message, Bayan Muna Rep. Teddy Casiño said the SC’s ruling was expected as the two petitions were designed to ultimately fail and justify the need for the House to convene itself into a con-ass to create a justiciable controversy.

“The SC decision dismissing the Lozano et al petition against HR 1109 for being premature will most likely be spun by con-ass proponents to make it appear HR 1109 has been upheld by the Supreme Court,” Casiño said through a text message.

Anakpawis party-list Rep. Rafael Mariano said that after SC has rendered its ruling on the petition, “President Arroyo and her minions will be more aggressive and desperate to convene a fake constituent assembly and perpetuate themselves in power. The people should not let their guard down.”

Mariano said that “aside from creating a so-called ‘justiciable cause,’ the Arroyo regime’s objective is to get the blessings of the court.”

“We urge Speaker Nograles to stop this con-ass madness,” he said.

Nograles, in a text message, said he also expected the SC ruling on the Lozano petition.

“The dismissal was legally anticipated. Personally, I believe that. This is accordance with the opinion of Fr. (Joaquin) Bernas that HR 1109 does not by itself convene Congress into a con-ass,” said Nograles. “There will be a justiciable controversy only when the con-ass is actually convened and proposed specific amendments are made.”

The Speaker likened Lozano’s petition to the protests actions mounted by “militants and those who want to run next year” saying they are both premature.

Parañaque Rep. Roilo Golez said; “I have maintained from the start that the Lozano petition was filed out of turn. I think the justiciable controversy would arise if the House alone submits a proposed amendment to a plebiscite,” adding that in his view, “that will never happen, i.e. this won’t reach that stage without the Senate participation.”

Mariano also accused Nograles of using “every trick in the book to deceive the people into the Arroyo administration’s shameless constituent assembly scheme.

“All these political machinations form part of the Arroyo administration’s desperate attempt to strengthen its grip to power,” the militant lawmaker said.

The Anakpawis lawmaker warned the House leadership of their planned convening of a bogus constituent assembly after Arroyo’s SONA.

Mariano laughed off Nograles’ assurance that people “need not worry that amendments would be railroaded because constitutional revisions like lifting of term limits would require a three-fourths vote”.

He stressed that the “House leadership must stop undermining the people’s intelligence and capabilities with arrogance and might. Bigger and more widespread protest actions nationwide will greet this Palace-organized and fake constituent assembly,” said Mariano. –Benjamin B. Pulta with Riza Recio and Charlie V. Manalo, Daily Tribune