Nachura: Elevate Initiative Question to SC

In an interview with ABS-CBN’s DZMM, Solicitor General Eduardo Nachura said that the Supreme Court should decide on the legality of the use of the people’s initiative to amend the Constitution. He said that while there is an enabling law, which is Republic Act 6735, it was not enough, according to Defensor-Santiago v. Comelec, in a 7-7 deadlock.

Anti-Chacha advocates harp on this decision, saying that any initiative to amend the Charter is illegal. Nachura and Philippine Constitution Association member Froilan Bacungan believes otherwise. Since the issue was decided in a deadlock, it is entirely possible that the SC may change its mind. And, as DJB pointed out, SC Chief Justice Artemio Panganiban dissented in that case, which means in his opinion, RA 6735 provides for initiative as a means to amend the Charter.

The Chacha game plan is now clear to me. If constituent assembly fails, use the people’s initiative. And with a Supreme Court that is perceived to be under Gloria Arroyo’s influence, the initiative will be legalized, just like how the SC had legalized the barangay assembly’s ratification of the 1973 Constitution during the time of Marcos. I would not be surprised if that happens.

March 29th, 2006

3 Comments

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  • http://fredpamaos.i.ph/ fred

    The bring-us-to-court attitude is here again…I wonder why they’re so confident with that attitude.

    I would like to believe that the Supreme Court would NOT reverse its ruling in Defensor-Santiago vs. Comelec. Amending the Constitution is way more serious than amending a law, and any mechanism that governs such process must be clear and unequivocal…which is not provided under the existing law. The SC said before that the law is deficient…it should be the task of Congress to legislate to fill in that deficiency. If Congress was more concerned in other things – except the task of filling in the deficiency – that’s not the fault of anyone else. If the proponents of Charter Change believe that the current SC ruling defeats the people’s right to propose Constitutional amendments, they should look at Congress, not the SC. The Constitution is clear that a LAW must be passed by CONGRESS to govern Initiatives for the constitution. They passed a law, but it’s deficient.

    What about the “perception” that the SC is under PGMA’s influence? People are entitled to their own perceptions and opinions. Right now, I believe that the SC as an institution will hold its ground. But then again, history might prove me wrong.

  • http://awbholdings.com Arbet

    That’s why I am wondering why Nachura is very confident. I can only think of two reasons: (1) he is just presenting a brave face; and (2) he knows something that we don’t.

    I am also hoping that the SC will hold its ground. But as they say, hope for the best, and prepare for the worst.

  • http://www.stuff.to Coom

    I am also hoping that the SC will hold its ground. But as they say, hope for the best, and prepare for the worst.

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