MANILA, Philippines ? Opposition lawmakers scoffed at moves by a staunch proponent of the constituent assembly to urge the Supreme Court to decide on the legality of amending the Constitution without the participation of the Senate.

There was no way they would participate in the joint resolution proposed by Nueva Ecija Representative Rodolfo Antonino even if there was no "justiciable controversy" the lawmakers said.

The mere passage of House Resolution 1109 seeking to convene Congress into an assembly does not yet create a controversy unless the legislators do so, according to some House members.

Bayan Muna partylist Representative Satur Ocampo said Antonino's proposal was unacceptable since it would "short cut the process to induce or trigger a justiciable basis."

"It aims to make the opposition as accomplice to attain the majority's objective," he said in a text message.

Fellow Bayan Muna Representative Teodoro Casiño said another resolution would not cure HR 1109, as he proposed that the initiative to convene into a constituent assembly should be dropped all together.

"Libreng mangarap [It?s free to dream]," was the reaction of Quezon Representative Lorenzo Tañada III to Antonino's call.

Tañada stood firm that the tribunal would not resolve the issue because in is no "justiciable controversy yet."

The Supreme Court would have issued a ruling on the cases filed by lawyer Oliver Lozano and Bohol Representative Adam Jala if it believed that there was something to resolve, Tañada added.

"HR 1109 at this point would not cause any injury to anyone. Consequently, the SC need not act," he said.

Gabriela partylist Representative Liza Maza called Antonino's proposal as a "shameless maneuver" following the protests of various groups all over the country.

"The pro-con as congressmen have painted themselves in the corner with the unconstitutional Senate-less constituent assembly. The only way out for them is to withdraw all Charter change efforts," Maza said.

Muntinlupa Representative Rufino Biazon said they would not be party to the "game plan" of the administration congressmen to make the Supreme Court decide on the issue.

"The anti-constituent assembly forces rejected that plan. Now they extend an invitation to join them in a resolution to the Supreme Court?" Biazon said.

Akbayan party list Representative Risa Hontiveros said the constituent assembly proponents were hoping to get a favorable ruling from the Supreme Court because the justices were presidential appointees.

She said the administration allies in the House would use the ruling to shift to parliamentary to keep President Gloria Macapagal-Arroyo in power.

"We should stop tossing our sloppy legislative work to the Supreme Court to clean up our mess," Hontiveros said.