The Supreme Court (SC) was asked on Monday, Feb. 13, to declare unconstitutional the approval by the House of Representatives of the Maharlika Investment Fund (MIF) bill on third reading.
At the same time, the SC was asked to nullify the certification of urgency issued by President Ferdinand “Bongbong” Marcos Jr. on MIF bill, House Bill No. 6608.
But those who signed the petition clarified that they do not question the legality of the Marcos administration’s plan to create the MIF as part of its long-term economic program that seeks to address the shortage of foreign investment in the country.
The petitioners are Bayan Muna Chairman Neri Colmenares, former Bayan Muna Representative Carlos ISagani Zarate, ACT Teachers Partylist Rep. Francisca “France” Castro, Gabriel Women’s Party Rep. Arlene Brosas and Kabataan Partylist Rep. Raoul Danniel Manuel.
They said the main issue in their petition is the supposed violation of the constitutional requirements for the issuance of Presidential certification of urgency for the passage of a proposed law.
At the same time, the petitioners asked the SC to issue guidelines on the exercise of Presidential certification under Article VI, Section 26 (2).
The petitioners said: “The practice of requesting for and issuing a Presidential certification on urgency for ‘public emergency or calamity’ must be tempered as it distorts the requirements and processes imposed by the 1987 Constitution and its framers for the passage of a law. It is hoped that the Honorable Court, through herein petition, will issue some guidelines necessary to ensure that the same will not be abused in the future and by future administration.”
Under Article VI, Section 26 (2), “no bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency.”
The SC was told that the House of Representatives committed grave abuse of discretion when it approved HB 6608 on third reading without complying with the constitutional requirements under Article VI, Section 26 (2).
“By its nature, a Presidential certification of urgency short-circuits the normal processes in Congress in terms of law-making. As such the presidential power must only be used when there is an actual ‘public calamity or emergency’,” they alleged.
“As it is, the Presidential certification on the Maharlika Bill is a baseless certification of urgency that only results in cutting off deliberations in one House of Congress alone and circumventing constitutional requirements,” they also alleged.
Also, they claimed there was lack of transparency in the voting process.
Named respondents in the petition are President Marcos, Executive Secretary Lucas Bersamin, and the House of Representatives.
It was not known immediately if the SC can tackle the petition on Tuesday, Feb. 14, during its full court session.
TAGS: # SC #HB 6608 #Maharlika Investment Fund