SC junks petition vs. Maharlika Fund; Makabayan bloc appeals ruling

The Supreme Court dismissed the petition to nullify the presidential certification of the Maharlika Fund as an urgent measure. 

MANILA, Philippines–The Supreme Court (SC) has dismissed the petition filed by the so-called Makabayan bloc which sought to nullify the presidential certification of the Maharlika Investment Fund as an urgent measure.

In dismissing the plea, SC justices stated the petitioners failed to present any reason why the matter should already be taken up.

The SC resolution said the petitioners “failed to present to Court any fact establishing the existence of an actual case or controversy ripe for adjudication.”

“Mere allegation of unconstitutionality of the President’s certification of House Bill 6608 and the passage of the bill by the House is not sufficient to warrant review by the Court,” the verdict said.

SC noted it is important to provide concrete facts “to enable the Court to adjudicate the issues presented intelligently.”

Furthermore, “by their own admission, the Senate has yet to act on the counterpart bill of House Bill 6608,” said the ruling.

“To date, no law has been passed, and HB 6608 remains pending with the House for further revisions, eliminating petitioner legislators’ concerns regarding the expedited passage of HB 6608 in the House,” said the justices.

Without an actual case or controversy ripe for a legal ruling, the High Court believed it had no reason to rule on the merits of a “premature” petition.

Those who filed the petition were Bayan Muna chairperson Neri Colmenares, former Bayan Muna party-list representative Carlos Isagani Zarate, ACT Teachers party-list representative France Castro, Gabriela Women’s party-list representative Arlene Brosas and Kabataan party-list representative Raoul Manuel.

President Ferdinand “Bongbong” Marcos, Executive Secretary Lucas Bersamin and the House of Representatives were named as respondents.

A copy of the resolution was received by the petitioners on April 25, 2023.

This prompted the group to seek a reconsideration.

In their appeal, the petitioners said the issues they raised were already ripe for deliberations due to some consummated acts of the respondents.

These include the issuance of the certification of calamity or emergency to the House Representatives for the immediate passage of HB 6608.

Another one of the acts was supposedly the fact at the House, serving on a presidential certification of urgency, quickly approved the measure on third reading.

The petitioners said what was wrong with it was that the bill had just passed the second reading on that same day.

They said this violates the rules of procedure in Congress that specifies that no bill must be approved on second and third reading on the same day.

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Makabayan bloc asks SC to void approval of Maharlika Bill

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