Lawyers to file petition vs ‘initiative’ before SC

Eighteen lawyers’ groups will file today their opposition against the people’s initiative before the Supreme Court.

The groups belong to the umbrella organization Alternative Law Groups Inc., (ALG) led by its national coordinator, lawyer Glenda Litong.

Litong said they welcome the High Court’s decision to set an oral argument on Sept. 26 this year.

The Commission on Elections earlier junked the petition for a people’s initiative. Proponents of the people’s initiative like the Sigaw ng Bayan and the Union of Local Authorities (ULAP) have also earlier petitioned the SC to reverse the Comelec’s ruling.

While Litong welcomes the SC decision to set the oral argument this month, she however expressed concern that the High Court could be "used unwittingly" to perpetuate a "game plan" that would pave the way for the May 14 synchronized election of all local government officials and a plebiscite that would ratify the setup of an interim parliament under the proposed Charter change.

"While we believe in the ability of the Supreme Court to fully uphold the principles of liberty and human rights for the Filipino people and that we know that it will act on the case with utmost circumspect, we are weary that the High Tribunal could unconsciously fall into the trap of politicians in their game plan of railroading and justifying an initiative to change the Constitution which did not genuinely emanate from the people’s will," Litong said.

She cited the incident in 1973 when the Supreme Court "was overtaken by martial law," and does not want this to happen again.

"We don’t want a repeat of the fatal tide that happened in the 1973 Constitution when the Supreme Court was overtaken by martial law and was left without a choice but to curl up its spine before a dictator," Litong said.

If the High Court would issue a decision next month favoring Charter change through a people’s initiative, Litong said the timing would suit the plans of Charter change proponents to include Cha-cha in the calendar of activities of the Comelec.

The Comelec has set the election period from Jan. 14 to June 13 next year.

The candidates for senators and party-list groups may file their certificates of candidacy from Jan. 15 to Feb. 12 next year while local candidates have until March 29.

"Anything could happen in the last three months of this year depending on how the Supreme Court will decide on the fate of Charter change. But we still pin our hope on the High Tribunal. We believe the Supreme Court could not just dismiss the 1997 ruling that Republic Act 6735 or the People’s Initiative and Referendum Act is inadequate and thus could not be used to amend the Constitution," Litong said.

She said even if RA 6735 had been an adequate law, it could still not be used for the current move for Charter change through a people’s initiative since this law can only be used to amend and not to revise the Constitution.

"Nine years ago, the Supreme Court has already decided that RA 6735 was inadequate to satisfy amendments to the Constitution through a people’s initiative. Only Congress has the constitutional power to make this law adequate. Now, nothing has changed, the facts and the context are still the same. This law is still inadequate and thus lacks the teeth to amend the Constitution," Litong said. — Jose Rodel Clapano