SC junks petition for judgment on how Congress should vote on Charter change

SC Spokesperson Theodore Te INQUIRER file photo / MARIANNE BERMUDEZ

The Supreme Court (SC) on Tuesday dismissed for lack of jurisdiction the petition seeking to settle the issue on how Congress should vote on Charter change—as one body or separate chambers to avoid a possible constitutional crisis.

At a press conference, the high court, through Public Information Chief Atty. Theodore Te said the SC unanimously voted to dismiss the petition for declaratory relief filed by Arturo de Castro, a professor of Law and Mandatory Continuing Legal Education (MCLE) lecturer, dean of the College of Criminology and associate law dean and bar review director of the University of Manila.

The high court said the petition is a request for advisory opinion.

“The Supreme Court has no original jurisdiction over Declaratory Relief actions, the original jurisdiction over such actions is vested in the Regional Trial Court,” the high court said.

In his petition, De Castro said the high court should  determine if the votes of the Senate and the House of Representative should be counted separately or jointly to determine the 3/4 majority or not.

Article XVII Section 1 (1) of the 1987 Constitution, provides that “any amendment to, or revision of, this Constitution may be proposed by the Congress, upon a vote of three-fourths of all its members.”

Earlier, House Speaker Pantaleon Alvarez was quoted as saying that Congress will proceed as a constituent assembly even without the senators.

Alvarez added that the Constitution clearly states that it is “Congress who has to have three fourth’s vote to amend or revise the Charter.”  /muf

READ: Alvarez: Con-ass to push through even without senators