Sen. Robin Files Petition with Supreme Court on Key Constitutional Issue

PHILIPPINES, August 5 - Press Release
August 5, 2024

Sen. Robin Files Petition with Supreme Court on Key Constitutional Issue

Sen. Robinhood "Robin" C. Padilla on Monday petitioned the Supreme Court to resolve a key issue in the 1987 Constitution - whether both houses should vote jointly or separately in discussing amendments to the Charter.

Padilla, who chairs the Senate Committee on Constitutional Amendments and Revision of Codes, filed an instant petition seeking declaratory relief regarding Sections 1 and 3 of Art. XVII of the Constitution.

The instant petition sought the High Court's "authoritative declaration" on the following constitutional issues:

* Whether or not the Senate and House of Representatives should jointly convene, as a constituent assembly when proposing amendments to, or revisions of, the Constitution under Sec. 1(1), Art. XVII of the Constitution;

* When voting jointly, should the requirement of 3/4 vote under Sec. 1(1) be treated as 3/4 vote by the Senate plus 3/4 vote by the House; or 3/4 by the 24 senators with all members of the House of Representatives;

* Whether the Senate and House should jointly convene and assemble when voting for calling a Constitutional Convention and/or submitting to the electorate the question of calling such a convention;

* When voting jointly, if the requirements of 2/3 vote under Sec. 3, Art. XVII, be treated as 2/3 vote in the Senate plus 2/3 vote in the House; or 2/3 vote of all 24 senators and all members of the House;

* When voting jointly, should the requirement of "majority vote" under Sec. 3, Art. XVII be treated as a majority vote in the Senate plus majority vote in the House; or a majority vote of all 24 senators voting with all members of the House.

Padilla, who filed and signed the petition, said he could not carry out his functions as chairman of the Senate Committee on Constitutional Amendments and Revision of Codes "due to the ambiguities of these provisions," and invoked the High Court's constitutional power to "settle an existing actual controversy" which are purely questions of law "as it ruminates on the proper application and interpretation of Constitutional provisions."

Also, he cited news reports quoting President Ferdinand Marcos Jr. as saying both houses of Congress settled the "storm" surrounding the debate on how to amend the Charter, through his intervention.

"As we have witnessed, the leadership of the Executive Branch and the Legislative Branch have come together to address these issues. These two branches, however, on their own, cannot resolve these constitutional issues by themselves," he said.

"Without the Honorable Court's declarative pronouncements, these questions, as well as the unstable relations between the two Houses of Congress, shall persist," he added.

He likewise noted many resolutions proposing to amend provisions in the Charter had been filed, but remain pending in their respective committees.

"Neither the Senate nor the House of Representatives wants to give in to the other's interpretation... In other words, the same misinterpretations caused by the ambiguities, which Congress seeks to resolve, are preventing all of its efforts to resolve the controversy," he added.

Padilla said copies of his petition were furnished to the Office of the Solicitor General; Senate President Francis Joseph Escudero; and House Speaker Martin Romualdez, among others.

---

Sen. Robin, Naghain ng Petisyon sa Korte Suprema Para Resolbahin ang Mahalagang Isyu sa Saligang Batas

Naghain nitong Lunes si Sen. Robinhood "Robin" C. Padilla ng petisyon sa Korte Suprema para resolbahin ang isang mahalagang isyu sa pag-amyenda sa 1987 Constitution: kung dapat magkasama o magkahiwalay bang boboto ang miyembro ng Senado at Kamara.

Ihinain ni Padilla, na tagapangulo ng Senate Committee on Constitutional Amendments and Revision of Codes, ang instant petition na humihingi ng declaratory relief tungkol sa Sec. 1 at 3 ng Art. XVII ng Konstitusyon.

Hiningi ng petisyon ang "authoritative declaration" ng Supreme Court sa mga sumusunod na isyu:

* Kung ang Senado at Kamara ay dapat mag "jointly convene" bilang constituent assembly kung tatalakay ng pag-amyenda o pag-rebisa sa Saligang Batas sa ilalim ng Sec. 1(1), Art. XVII nito;

* Kung voting jointly, ang 3/4 sa ilalim ng Sec. 1(1) ba ay 3/4 vote ng Senado at 3/4 vote ng Kamara; o 3/4 vote ng 24 senador at lahat ng myembro ng Kamara;

* Kung ang Senado at Kamara ay dapat mag "jointly convene and assemble" kung nagtatawag ng Constitutional Convention at/o pag-submit sa electorate ang pagtawag ng ganitong convention;

* Kung voting jointly, ang requirement na 2/3 vote sa ilalim ng Sec. 3, Art. XVII, ay 2/3 vote sa Senado plus 2/3 vote sa Kamara; or 2/3 vote ng 24 senador at miyembro ng Kamara;

* Kung voting jointly, ang "majority vote" sa Sec. 3, Art. XVII ba ay majority vote sa Senado plus majority vote sa Kamara; o majority vote ng 24 senador kasama ang miyembro ng Kamara.

Ani Padilla, na siyang pumirma at naghain ng petisyon, hindi niya magampanan ang tungkulin niya bilang tagapangulo ng Senate Committee on Constitutional Amendments and Revision of Codes dahil sa kulang ng kalinawan sa mga nabanggit na probisyon.

Dagdag niya, ang Korte Suprema ang may kapangyarihan para tugunan ang "existing actual controversy" na aniya'y question of law "as it ruminates on the proper application and interpretation of Constitutional provisions."

Ipinunto rin ni Padilla ang mga ulat kung saan sinabi ni Pangulong Ferdinand Marcos Jr. na natugunan ang "storm" kung paano amyendahan ang Saligang Batas, dahil sa kanyang pamamagitan.

"As we have witnessed, the leadership of the Executive Branch and the Legislative Branch have come together to address these issues. These two branches, however, on their own, cannot resolve these constitutional issues by themselves," ani Padilla.

"Without the Honorable Court's declarative pronouncements, these questions, as well as the unstable relations between the two Houses of Congress, shall persist," dagdag niya.

Ayon din kay Padilla, marami nang resolusyon na nagmungkahing amyendahan ang probisyon sa Saligang Batas, pero hanggang nayon ay "pending" pa rin sila sa mga komite nila.

"Neither the Senate nor the House of Representatives wants to give in to the other's interpretation... In other words, the same misinterpretations caused by the ambiguities, which Congress seeks to resolve, are preventing all of its efforts to resolve the controversy," ani Padilla.

Naibigay na rin ang kopya ng petisyon ni Padilla sa Office of the Solicitor General; Senate President Francis Joseph Escudero; at House Speaker Martin Romualdez.