MANILA, Philippines — Sen. Robin Padilla, chair of the Senate Committee on Constitutional Amendments and Revision of Codes, on Monday filed a petition asking the Supreme Court to settle how the Senate and the House of Representatives should vote on the amendments to the 1987 Constitution.
Padilla filed a declaratory relief asking the high court to clarify the manner in how the Congress “should carry out its duties” under Sections 1(1) and 3, Article XVII of the 1987 Constitution or the amendment to or revision of the Constitution.
“They say there are indeed shortcomings regarding how we amend and revise the Constitution. The discussion has dragged on, and many have argued over it. Only the Supreme Court can resolve this issue,” Padilla said in an interview speaking in Filipino.
A declaratory relief under the Rules of Court is a legal remedy where a party can request the court to make a declaration about their rights, duties or obligations under a contract, statute or regulation.
This type of relief is sought to resolve legal uncertainties without requiring any coercive action or awarding damages.
It can be recalled that in January this year, amendments of certain provisions of the Constitution have been mulled through a “people’s initiative.”
The House of Representatives said that the members are committed to pursuing the people’s initiative, despite opposition from some members.
However, the Senate condemned people’s initiative, saying that it “exploits” the country’s democratic process as it undermines the power of the Senate.
Should the desired amendment prosper, the 24 members of the Senate “cannot cast a meaningful vote” against the 316 members of the House of Representatives, according to the Senate manifesto slamming the initiative.
“The Supreme Court needs to clearly state that the voting should be done separately. Because the House of Representatives insists…they filed that they want voting to be done jointly. That cannot be allowed,” Padilla said speaking in Filipino.
Prior to the filing of the manifesto, the Senate, through former Senate President Juan Miguel Zubiri, Sen. Loren Legarda and former senator and now Education Secretary Sonny Angara filed Resolution of Both Houses No. 6, seeking to amend the provisions of the Constitution which referred to the ownership of public services.
On Feb. 24, 2024, Zubiri said that President Ferdinand Marcos Jr. instructed the Senate to hold a plebiscite on proposed amendments to the 1987 Constitution to be held alongside the 2025 midterm elections.
During the opening of the third regular session of the 19th Congress on July 22, Senate President Francis Escudero said that the pending bills concerning the charter change will be set aside.
“For this same reason, pending bills on charter change will be placed in the backburner, and will follow the ordinary and regular process of legislation, if at all,” Escudero said.
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