Makabayan bloc asks SC to void approval of Maharlika Bill

The plenary hall of the House of Representatives. (INQUIRER.net file photo)

MANILA, Philippines – The Makabayan bloc in the House of Representatives on Monday asked the Supreme Court (SC) to nullify the Presidential Certification of the Maharlika Investment Fund as an urgent measure.

“We ask the Honorable Court to void the presidential certification of the Maharlika Bill, as well as its approval on Third Reading, without a printed copy of the bill’s final form distributed to the Members at least three days before it is voted upon,” read the petition.

Petitioners include Bayan Muna Chairman Neri Colmenares, former Bayan Muna Representative Carlos Isagani Zarate, ACT Teachers Party-list Representative Francisca “France” Castro, Gabriela Womens’ Party-list Representative Arlene Broses and Kabataan Party-list Representative Raoul Danniel Manuel.

Petitioners told SC that it should issue a guideline on when a bill can be certified as urgent because several administrations have already abused such a prerogative.

In this case, President Ferdinand “Bongbong” Marcos certified as urgent the Maharlika Investment Fund Bill only in the House of Representatives without issuing a similar certification in the Senate.

Petitioners said such an act is “a distortion and grave abuse of discretion in exercising presidential power under Art. VI Sec. 26 (2).” Article VI Section 26 (2) provides for the requirements for a Bill to become a law.

“Since the President did not certify a bill urgent in one House, the President is merely short-circuiting the Legislative process in the other House. This is fatal admission that there is no public emergency or calamity in the nature that triggers the activation of the exception under Article VI, Section 26 (2) of the Constitution,” it said.

The petitioners said the passage of the Maharlika Bill on the Third Reading, just barely three hours after it was heavily amended and approved on Second Reading, means that Members of the House voted without a copy of the final form of the bill as required in the Constitution.

“This rushed voting deprives them of the opportunity to scrutinize the bill and ensure that it contains all the provisions amended and agreed upon in the Second Reading. The Members were deprived of the opportunity to perform the constitutionally-required process in the approval of a measure for no appropriate and apparent reason except that the bill was certified urgent by the President,” it said.

At least 22 sections of the Maharlika Bill were amended during individual amendments on the Second Reading.

The bill’s sponsor also inserted nine sections and deleted a penalty clause in one section.

After approval of the bill, these last-minute amendments are further proof not only of the absence of scrutiny and study of the rushed bill but also of the absence of public emergency or calamity that necessitates the shortcuts, the petitioners said.

Lastly, they said the SC’s decision on the petition would provide some guidance or parameters that could give future administrations some parameters to exercise power affecting a co-equal branch.

The respondents are President Ferdinand Marcos Jr., Executive Secretary Lucas Bersamin, and the House of Representatives.

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