|
Thursday, July 11, 2002
SC gives go sign for Monday polls
IT'S FULL steam ahead for Monday's Sangguniang Kabataan polls, following a ruling by the Supreme Court Wednesday which cleared the way for the simultaneous voting exercise this July 15.
In a 17-page en banc decision, the High Tribunal threw out a petition questioning the constitutionality of two congressional bills which was later enacted to what is now known Republic Act 9164.
The law passed by Congress on March 13 reset the SK polls from May 6 to July 15 and lowered the membership age in the SK to at least 15 but not more than 18 years of age.
In their suit, the petitioners who are all 20 years old claimed that they are in danger of being disqualified to vote and be voted for in the SK elections should the polls be postponed to a later date.
They also claimed that millions of youth would be disenfranchised because of the reduction in the SK membership age.
"Petitioner's prayer to prevent Congress from enacting into law a proposed bill lowering the membership age in the SK does not present an actual justifiable controversy. A proposed bill is not subject to judicial review because it is not a law."
And since a proposed bill, having no legal effect, the Court said there is no constitutional issue to speak of.
Even after the passage of the law, the Court noted that petitioners did not assail the constitutionality of any provision in RA 9164.
"To grant petitioner's prayer to be allowed to vote and be voted for in the July 15, 2002 SK elections necessitates assailing the constitutionality of RA No. 9164. This, petitioners have not done."
"The Court will not strike down a law unless its constitutionality is properly raised in an appropriate action and adequately argued," the 15-man Tribunal said through Associate Justice Antonio Carpio who penned the decision.
Moreover, the Court reminded the petitioners that Congress has the power to prescribe the qualifications for SK membership and only those who qualify can complain of proprietary right to SK membership.
"Only those who qualify as SK members can contest, based on a statutory right, any act disqualifying them from SK membership or from voting in the SK elections."
"SK membership is not a property right protected by the Constitution because it is a mere statutory right conferred by law. Congress may amend at any time the law to change or even withdraw the statutory right," the Court said.
In a related development Commission on Elections Chairman Benjamin Abalos also assured the public that the scheduled SK and Barangay elections on Monday will proceed.
"I want to assure everybody the election will proceed barring fortuitous event," Mr. Abalos said over the radio yesterday.
He added that all election paraphernalia have already been prepared and are awaiting to be shipped out to various precincts.
"Wala nang mga problema sa ating ballot boxes para sa Barangay at Sangguniang Kabataang elections.
Kahapon yari na at all for shipping pero hindi pa maipadala ng maaga dahil may rule na hindi pa pwede dahil baka madisgrasya," he added. |
|
[return to top]
[home]
[network page]
|
LOCAL NEWS
BUSINESS
OPINION
SPORTS
LIFESTYLE
FEATURE
|
