The plenary corridor of the House of Representatives. (INQUIRER.internet file picture)
MANILA, Philippines – The Makabayan bloc within the House of Representatives on Monday requested the Supreme Court (SC) to nullify the Presidential Certification of the Maharlika Investment Fund as an pressing 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,” learn the petition.
Petitioners embody 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 instructed SC that it ought to challenge a tenet on when a invoice will be licensed as pressing as a result of a number of administrations have already abused such a prerogative.
In this case, President Ferdinand “Bongbong” Marcos licensed as pressing the Maharlika Investment Fund Bill solely within the House of Representatives with out issuing an analogous certification within the Senate.
Petitioners mentioned 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) supplies for the necessities for a Bill to turn out to be a regulation.
“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 mentioned.
The petitioners mentioned the passage of the Maharlika Bill on the Third Reading, simply barely three hours after it was closely amended and accredited on Second Reading, signifies that Members of the House voted with no copy of the ultimate type of the invoice as required within 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 mentioned.
At least 22 sections of the Maharlika Bill have been amended throughout particular person amendments on the Second Reading.
The invoice’s sponsor additionally inserted 9 sections and deleted a penalty clause in a single part.
After approval of the invoice, these last-minute amendments are additional proof not solely of the absence of scrutiny and examine of the rushed invoice but additionally of the absence of public emergency or calamity that necessitates the shortcuts, the petitioners mentioned.
Lastly, they mentioned the SC’s choice on the petition would supply some steerage or parameters that would give future administrations some parameters to train energy affecting a co-equal department.
The respondents are President Ferdinand Marcos Jr., Executive Secretary Lucas Bersamin, and the House of Representatives.
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