Senate Minority Leader Aquilino "Koko" Pimentel III told the Senate that it can act legally in the sense of filing cases to question the Commission on Elections' (Comelec) so-called "ministerial role" of receiving signatures in relation to the push for People's Initiative (PI) to amend the 1987 Constitution.

"I think we already have a justiciable controversy here and we can act. We can act legally in the sense of filing cases to already question what the Comelec is doing, what is your business receiving all these papers with signatures and sinasabi nila (they are saying) they have a 'ministerial role' to play as of the moment?" he said during the plenary session on Tuesday, Jan. 23.

"Based on what? On a law already characterized by the Supreme Court as insufficient to support a PI?" he added.

Pimentel was specifically referring to Republic Act No. 6735 also known as an act providing for a system of initiative and referendum and appropriating funds. He said case/s will be directed at Comelec for receiving signatures from an "unknown entity". He added that the poll body does not even know who they owe this alleged duty to.

The senator mentioned that case/s may be filed before Comelec itself to stop what they are doing and/or the SC to prohibit Comelec from continuing to do what they have been doing under the justification of "a ministerial duty".

In a text message to Manila Bulletin, Comelec Chairman George Erwin Garcia replied: "That is precisely what I have been trying to point out. Anybody can now question what the Comelec is doing."

Garcia added that the poll body is guided by Comelec Resolution No. 10650 implementing RA 6735. This resolution contains the revised rules and regulations governing the conduct of initiative on the Constitution; and initiative and referendum on national and local legislation.

"Sabi nila may resolution sila. (They said they have a resolution) But Comelec cannot give power unto itself. Therefore there must have been a law authorizing the Comelec to receive these signatures and to follow a certain procedure, pursuant to the resolution na pinromulgate ng Comelec," Pimentel said.

"Kung parehas law na iniisip natin, itong RA 6735, ay naging subject matter na isang kaso, the Defensor vs Comelec at ang conclusion ng SC doon, that law is insufficient to support a PI," he added.

The senator pointed out that proponents behind the PI initiative may argue that there is a minute resolution stating that 10 members of the court are of the opinion that RA 6735 is sufficient to support the PI.

But Pimentel explained that a minute resolution does not form part of the laws of the land under the civil code but at the same time decisions of the SC form part of the laws of the land. He added that the Defensor vs Comelec case is a decision.

As of 4:30 p.m. on Jan. 23, Garcia said that a total of 993 Election Offices (EOs) of cities and municipalities have received signature forms.