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Thursday, August 31, 2006
7 senators file opposition to people's initiative move
MANILA -- Minority senators on Wednesday lodged a joint suit before the Commission on Elections (Comelec) seeking the dismissal of the people's initiative petition submitted by two Charter change groups.
Senate Minority Leader Aquilino Pimentel III and Senators Sergio Osmeña III, Luisa "Loi" Estrada, Jose "Jinggoy" Estrada, Panfilo Lacson, Alfredo Lim, and Ma. Ana Consuelo "Jamby" Madrigal said entertaining the petition would amount to "deliberate misreading and misapplication" of Supreme Court (SC) ruling that permanently prohibits the commission from entertaining any petition on the amendment of the 1987 Constitution because of the absence of an implementing law.
The latest petitioners joined other groups and individuals who have filed objections to the people's initiative petition filed by the Sigaw ng Bayan and Union of Local Authorities of the Philippines (Ulap).
"Taking cognizance of the herein petition would also be a waste of precious government time, resources, energy, and money and would clearly be an illegal act, not only because it is without basis in law but is in fact against the law as embodied in the ruling in Santiago versus Comelec (case)," opposition legislators said.
Aside from violating the SC ruling, the lawmakers also said the petition "suffers from serious procedural and substantive defects" because it failed to file the correct number of copies as required by the rules and procedures of the Comelec.
At the Senate, Senator Franklin Drilon said the people's initiative petition is "dead on arrival", citing the alleged fraudulent signatures included by the proponents.
"The Sigaw ng Bayan petition is as dead as the cadavers whose signatures appear in the petition," said Drilon.
In Tuesday's hearing conducted by the Senate committee on constitutional amendments, revision of codes and laws, Makati City Mayor Jejomar Binay presented evidence that even dead persons were able to "sign" the petition.
Drilon said there is really a need to pass a bill on people's initiative as a means to amend the Constitution.
Senators Richard Gordon, Miriam Defensor-Santiago and Luisa Ejercito have filed separate bills laying down guidelines on a people's initiative.
"This only indicates that we really need to pass a law in order that these procedures can be set forth properly and fraudulent signatures can be properly screened out and those who are making fool of the entire country by presenting these forged signatures penalized," Drilon said.
Gordon, who chairs the committee on constitutional amendments, supported Drilon's statement. "Clearly we really need an enabling law (to amend the Constitution through people's initiative). It is also clear that revision aspect can only be done through Constitutional Convention or Constitutional Assembly."
Comelec Chairman Benjamin Abalos Jr. questioned Binay's presentation in which the signatures of dead persons in Makati City were doctored. "Would you allow those things (alleged irregularity) in the territory of the enemy?" Abalos asked. He was advised by Drilon to stop commenting on Binay's presentation.
"I cautioned him that consistent with his previous stance on the matter of what they will do with the petition, he should not comment on the presentation of Mayor Binay as it may disqualify him. It was a friendly advice," Drilon said.
During the hearing, Abalos earned the ire of Gordon and Senator Edgardo Angara for withdrawing his previous statement in the Senate that the Comelec still recognizes a ruling by the SC that a people's initiative to amend the Constitution is unacceptable because of the absence of an adequate law.
In Tuesday's hearing, Abalos said "they are just aware of the decision" of the high court and that he did not say anything that will compel the Comelec to abide by the ruling.
A visibly irked Senator Juan Ponce Enrile, who was not able to ask questions from the resource persons, left the hearing before it ended. He told reporters, however, that he did not walk out of the forum. (MSN/REC/Sunnex)
(August 31, 2006 issue)
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