Supreme Court rejects people's initiative petition

[samsungster]

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The Supreme Court on Wednesday rejected anew a petition by pro-Charter change groups to amend the 1987 Constitution through a people's initiative.

Sources told ABS-CBN News that eight justices, including Chief Justice Artemio Panganiban, voted against the petition and only seven voted for it.

Those who voted against the people's initiative's petition were Justices Consuelo Ynares-Santiago, Angelina Sandoval-Gutierrez, Antonio Carpio, Romeo Callejo Sr., Ma. Alicia Martinez, Conchita Carpio-Morales and Adolfo Azcuna.

Those who voted for the petition were Justices Reynato Puno, Leonardo Quisumbing, Renato Corona, Dante Tinga, Cancio Garcia, Minita Chico-Nazario and Presbiterio Velasco Jr.

ABS-CBN correspondent Marieton Pacheco said Carpio has been tasked to write the final draft of the ruling.

She added that the high court's public information office has yet to receive a copy of the decision.

The Sigaw ng Bayan Movement and Union of Local Authorities of the Philippines filed the petition after the Commission on Elections (COMELEC) rejected it last August 31, citing the 1997 SC ruling over the lack of an enabling law.

Sigaw based its petition on Republic Act 6735, the Initiative Referendum Act. The law provides, among others, details for the people’s exercise of the power of initiative to amend the Constitution.

COMELEC, however, said RA 6735 was struck down by the Supreme Court for being "incomplete, inadequate, or wanting in essential conditions about initiative [as a way to amend] the Constitution."

The petition filed by Sigaw seeks to propose amendments to Articles VI and VII of the Constitution and provides for transitory provisions leading to the shift from the bicameral presidential system to a unicameral parliamentary government.

Panganiban earlier admitted that the Supreme Court is being put under pressure by groups from both sides to rule on the petition.

http://www.abs-cbnnews.com/topoftheh...?StoryId=54233

[baron]

The administration camp was never sure of what could be the decision of the Supreme Court. This simply shows the independence of the Supreme Court to one of its co-equal branch, the executive.

I heard the press secretary stating that they will have to respect whatever would be the decision of the Supreme Court regarding the petition, which should only be the case. This only proves that there is no "invisible hand" that thwarts Supreme Court to decide on its favor.

[ian_rey]

According to yestersdays news, malacañang already knew about todays decision. Bunye sited in his interview that their is a strong chance that the supreme court wont favor peoples initiative. So, the next plan is for congressmen to vote for amending the countitution.

[wanderlust]

I think GMA has always respected the decisions of the Supreme Court whether or not it favors her. It's her critics who keep insinuating that the Supreme Court justices are under Malacanang's thumb. For them, the Supreme Court is only independent if it rules in their favor.

[athlon XP-M]

The constitution could still be amended by a constituent assembly or by a constitutional convention. Our present constitution had a number of restrictions for growth, we should not stop the gains that we had already made and continue to move our country forward.

[samamar21]

gma camp will appeal the decision.

[baron]

I think a motion for reconsideration will be filed, according to the news I've heard this morning. Anyway, that is just a normal procedure. Almost everyone would file a motion for reconsideration within the required period.

Nonetheless, the decision should be respected for all intents and purposes. A voting of 8 to 7 means it was really a tough decision, though.

[talsik]

This goes to show that the Supreme Court was not able to gave in despite various pressure coming from the Government...I am not surprise with this reiteration of the Comelec v. Santiago ruling what is surprising is when Antonio Nachura change his stand about the issue on the enabling law... Idol ko pa naman sana..... IMHO, this might be the price of partisan politics.... you will go against what is right and just because of your loyalty to your party.... Sayang ka Nachura... you lost one good fan..lol...change your Political law reviewer ha! dili nako mupalit ana

[talsik]

Nonetheless, the decision should be respected for all intents and purposes. A voting of 8 to 7 means it was really a tough decision, though.

We can't be sure of this.... remember the case of Labugal B'laan tribe in 2004 where the Supreme Court en banc overwhelmingly ruled in a resolution that mining act of 1995 is unconstitutional but they were quick to change thier mind and reversed thier earlier resolution.....

I hope this will not be the case here... i hope the Chief Justice " too tired approach" will not apply here....

[junmar4]

this one, so far, the best decision of our latest set of Justices of the Supreme Court...