Quantcast
Latest Stories

SC pressed for ruling on Charter’s anti-dynasty provision

By

Former Vice President Teofisto Guingona Jr. AFP FILE PHOTO

MANILA, Philippines—Pushing their cause against political dynasties, a group led by former Vice President Teofisto Guingona Jr. has filed a motion asking to the Supreme Court to review its position that it could not compel Congress to enact an anti-dynasty law.

In their 27-page motion filed Feb. 22,  Guingona, along with Volunteers Against Crime and Corruption founding chairman Dante Jimenez, lawyers Leonardo de Vera, Eduardo Bringas and Vicente Velasquez, and Raymundo Jarque, clarified that they were not asking the Court to usurp the powers of Congress to make laws.

“[We] simply pray for a determination of whether Congress by inaction for the past 25 years has violated the Constitution and its duty as the representative of the people when it chose to downplay and disregard the importance of the anti-political dynasty policy despite the provision in Article XIII, Section 1 of the Constitution, mandating it to give highest priority to enact measures of this nature,” the petitioners said.

The court early this month dismissed the Guigona group’s petition, along with that of senatorial candidate Ricardo Penson, citing the principle of separation of powers and the doctrine of political question. The justices also said that the anti-dynasty provision in the Constitution was not self-executory and needed an enabling law.

However, the Guingona and his fellow petitioners insisted that the Constitution already has forbidden political dynasties and Congress only has  to define what a political dynasty is.

“Congress does not have, Congress was not granted, Congress was not given the option, Congress was not given the discreton not to pass a law prohibiting political dynasty,” they said.

Instead of invoking the principle of separation of powers in refusing to compel Congress to pass an anti-dynasty law, the group said the justices could use the same principle to declare that the legislature has committed grave abuse of discretion.

“The act of the majority members of Congress in not passing the law is based on their personal bias as they themselves are part of the political dynasties. Clearly, there is grave abuse of discretion on their part,” they said.

And when grave abuse of discretion is committed by the Legislative or Executive branches, the court “should not use the doctrine of political question as shield, to the detriment of the Filipino people from where all the branches of government derived their power in the first place,” they added.

If the court does find that there was indeed grave abuse of discretion,  “there should be a commensurate move to give effect to its pronouncement and this move is to require Congress to follow the Constitution,” the petitioners said.

“This is not an encroachment or usurpation per se but rather the enforcement of the will of the People as mandated by the Constitution! This is true democracy!” they added.


Follow Us

Follow us on Facebook Follow on Twitter Follow on Twitter


Recent Stories:

Complete stories on our Digital Edition newsstand for tablets, netbooks and mobile phones; 14-issue free trial. About to step out? Get breaking alerts on your mobile.phone. Text ON INQ BREAKING to 4467, for Globe, Smart and Sun subscribers in the Philippines.

Tags: Congress , Constitution , Judiciary , Political Dynasties , Politics




Copyright © 2014, .
To subscribe to the Philippine Daily Inquirer newspaper in the Philippines, call +63 2 896-6000 for Metro Manila and Metro Cebu or email your subscription request here.
Factual errors? Contact the Philippine Daily Inquirer's day desk. Believe this article violates journalistic ethics? Contact the Inquirer's Reader's Advocate. Or write The Readers' Advocate:
c/o Philippine Daily Inquirer Chino Roces Avenue corner Yague and Mascardo Streets, Makati City, Metro Manila, Philippines Or fax nos. +63 2 8974793 to 94
Advertisement
  1. Estrada: Gigi Reyes won’t testify vs JPE
  2. Gigi Reyes’ only option: tell all
  3. Unease in Vatican over cardinal’s luxury flat—report
  4. Santiago sees Palace hand in Gigi’s return
  5. Malaysia Airlines jet turns back after tire burst
  6. Gigi Reyes back to face charges
  7. Aquino vows to intensify anti-corruption drive further
  8. In the know: Gigi Reyes
  9. Healing priest invites political leaders to join ‘prayer for nation’
  10. ‘Malang’ next crocodile attraction after ‘Lolong’
  1. Kim Henares needs a reprimand, says Cayetano
  2. Suspect in Vhong Navarro mauling tries to leave PH
  3. More legal woes for Cedric Lee
  4. Enrile chief aide back in PH ‘to face charges’
  5. ‘No real progress in PH if dynasties not dismantled’
  6. Henares on Pacquiao bashing: I did not start this
  7. ‘Mom, I love you,’ says text from student on sinking ferry
  8. Massive infra spending set
  9. Fr. Suarez says last Mass on Easter before returning donated land to San Miguel
  10. I’ll follow my conscience on Estrada, says JV Ejercito
  1. KL confirms Malaysian Airlines Flight MH370 ended in Indian Ocean
  2. MRT passengers pass the hat for 6-year-old Ashley
  3. Rookie, lady cops lauded for quick response to MOA heist
  4. Malaysia averts another air tragedy; pilot lands troubled plane safely
  5. Revilla says he was joking; Lacson stands by his story
  6. Revilla ‘consulted’ Lacson on how he evaded arrest
  7. Cudia, dismissed for lying, got 99% in conduct
  8. Police rule out foul play in Helena Belmonte’s death as boyfriend is ‘traumatized’
  9. Kim Henares needs a reprimand, says Cayetano
  10. Hammer-wielding robbers cause chaos at Philippines’ Mall of Asia
Advertisement

News

  • Initial batch of Etihad passengers tested negative for MERS-CoV
  • Cagayan mayor shot during flag-raising ceremony
  • Malaysia, Flight 370 relatives talk financial help
  • Celebrating Easter and creativity in New York
  • Man wins half marathon, dies in Argentina
  • Sports

  • Reigning champs Miami open playoffs with win
  • Spurs subdue Mavericks in playoff opener
  • Wawrinka beats Federer to win Monte Carlo Masters
  • Ageless Hopkins pitches 50-50 Mayweather deal
  • Goodbye MGM, Las Vegas for Pacquiao?
  • Lifestyle

  • Miss America: Don’t suspend teen over prom invite
  • Transitions and resurrection in the performing arts
  • ‘Archaeology tour’ of Cebu’s heritage of faith
  • Historic Fort Bonifacio tunnel converted into a septic tank
  • ‘Imports’ from London, and play of the year
  • Entertainment

  • ‘Captain America’ stays strong atop US box office
  • Easter musings
  • Solenn in shorts
  • Unmerry mix of attention-calling moves on ‘Mini-Me’ TV tilts
  • Persistence pays off for The 1975
  • Business

  • BDO seen keen on bidding for Cocobank
  • Bataan freeport investment pledges up 1,302%
  • Golden Week
  • Bourse to woo Cebu stock mart investors
  • Supper power
  • Technology

  • Nintendo’s trailblazing Game Boy marks 25th anniversary
  • Nasa’s moon-orbiting robot crashes down
  • Netizens pay respects to Gabriel Garcia Marquez
  • Nokia recalls 30,000 chargers for Lumia 2520 tablet
  • Facebook rolls out ‘nearby friends’ feature
  • Opinion

  • Gigi’s home
  • Palace stonewalls on MRT inquiry
  • Couple of things too
  • There is plenty of water behind Wawa Dam
  • Triduum thoughts of a young boy
  • Global Nation

  • Obama on mission to quiet Asia skeptics
  • Search for Etihad passengers launched
  • Japan presents $57-B ‘dream plan’ to solve Metro congestion
  • Tim Tebow’s charity hospital in Davao seen to open in 7 months
  • OFW died of Mers-CoV in Saudi Arabia, says family
  • Marketplace
    Advertisement