MEMBERS of the Makabayan bloc in the House of Representatives on Wednesday, January 17, criticized a House panel's proposal to cancel the power of the Supreme Court to look into complaints against government bodies in the administration's planned government shift to federalism.
Representative Fredenil Castro, chair of the sub-committee on judiciary under the committee on constitutional amendments, earlier proposed to revise Article VIII Section 1 paragraph 2 of the 1987 Constitution.
This paragraph states that: "Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government."
The proposal is to strike down the phrase "and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government."
This means that the public can no longer turn to the Supreme Court if they want to question the legality of an act of an institution related to abuse of power, the Makabayan lawmakers said.
"This is but a move to further cement Duterte’s dictatorial rule — nothing more, nothing less," Kabataan Rep. Sarah Elago said.
"The executive will be free to do whatever he wants without fear of legal persecution, and lesser eyes on accountability lead to greater chances of abuse of power," she added.
Elago said this gives the public more reason to reject moves to amend the Constitution.
Anakpawis Rep. Ariel Casilao said: "Malinaw na atake ito sa prinsipyo ng accountability clause na ginagarantya ng saligang batas."
This amendment also weakens the principle that the public office is a public trust, he added.
Members of the Makabayan bloc have previously turned to the SC to question the legality of some of the recent decisions of the Congress, including the extension of martial law for another one year and the decision to approve the bicameral report on the Tax Reform for Acceleration and Inclusion bill without a vote and a quorum.
All the proposed amendments of the committee on constitutional amendments will be discussed once the House and Senate convene as a constituent assembly. (Keith Calayag/SunStar Philippines)