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Monday, April 03, 2006
So sue us, aide dares bloc vs Charter change
CEBU CITY -- Legal questions on the ongoing moves for a people's initiative haven't stopped the chairman of the Cebu Provincial Board (PB) committee on laws from fully supporting it.
PB Member Antonio Almirante Jr. said he is even actively supporting the continuing signature campaign in his hometown in Argao.
Ironically, Argao is also the hometown of former chief justice Hilario Davide, whom Almirante said penned the Supreme Court (SC) decision on Santiago vs. Comelec, where they ruled against the drafted implementing law on people's initiative.
Almirante disclosed that in Argao, more than 10,000 of the municipality's 32,000 voters already signed the petition.
In Manila, Presidential political adviser Gabriel Claudio advised Sunday those opposed to the proposed charter change through a people's initiative to go to court and submit a petition to stop the exercise.
"The opposition has been harassing proponents and signatories of the people's initiative and the Commission on Elections (Comelec) with all sorts of threats and innuendoes about its validity and authenticity. Why don't they just put their money where their mouth is and file a case in court," he said.
Claudio said the various warnings and challenges issued by some lawmakers reflect that they are now in their last ditch and panicky effort but "it will not stop the people's initiative which has now every momentum to achieve victory."
In Cebu, Almirante said the Provincial Board has yet to come up with a common stand on the issue.
An informal discussion on the signature campaign will be discussed in their caucus Monday, he said. If they could come up with a consensus or a common stand, they may move for it during the deliberations in this afternoon's regular session.
Earlier, Governor Gwendolyn Garcia and some mayors expressed "displeasure" over the way the Department of Interior and Local Government (DILG) directly brought up the people's initiative in barangay assemblies.
Opponents to the people's initiative accused Malacañang of using government funds in the people's initiative and of promising local government officials of term extension if they would support the move.
Claudio said the allegations "are malicious intrigue and cheap falsehood being spread to discredit the ongoing people's initiative."
He said the opposition should stop insulting the millions of Filipinos who support the initiative and the "well-meaning local officials who honestly believe in the necessity and validity of the process to effect reforms in our political system".
Senate Minority Leader Aquilino Pimentel Jr. said Malacañang has been promising local executives of a three-year term in exchange for their support for Charter change.
Pimentel said the proposed scrapping of the 2007 elections remains part of the amendments but this is not being discussed in the barangay forums, including the continued stay of President Arroyo in office if the country manages to shift from present system to parliamentary form.
He added that if proponents of the people's initiative really believe that the exercise is legal, they should be the first one to bring the case to the High Court.
Opponents to the people's initiative said the system would just be junked because it is illegal.
They said Comelec Chairman Benjamin Abalos Sr. and the other commissioners could be charged with contempt if they verify the signatures gathered through the people's initiative.
Solicitor General Antonio Eduardo Nachura said the government is prepared to provide legal assistance to Comelec officials if ever they are charged with contempt for doing their job.
Nachura said the people's initiative is legal and the SC ruling on the Miriam Defensor-Santiago v. Comelec case in March 1997 does not apply to the present situation.
The High Court stated that Republic Act 6735 or the Initiative and Referendum Act of 1989 is insufficiently fleshed out to apply to constitutional amendments and that the Comelec was "permanently enjoined from entertaining any petition for people's initiative until a sufficient law shall have been enacted by Congress."
Nachura said the circumstances in 1997 and at present are different and that the Comelec would be able to justify its actions.
Almirante, in a telephone interview with Sun.Star Cebu, said, "The Supreme Court can always be asked or prayed to revisit, modify or reverse its decision."
"That can be done, considering the millions of people agitating for amendment. Everybody wants change," he added. (JPM of Sun.Star Cebu/Sunnex/With JMR)
(April 3, 2006 issue)
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