SC orders Villar, Nograles to comment on Madrigal petition

MANILA, Philippines – The Supreme Court yesterday ordered Senate President Manuel Villar and Speaker Prospero Nograles to file within 10 days their comments on the petition lodged by Sen. Jamby Madrigal that the Court declare as unconstitutional the composition of the Commission on Appointments (CA).

Madrigal claimed the CA had gravely abused its discretion by the “mass confirmation” of more than 100 presidential appointees, including five Cabinet members.

Madrigal filed last month a 25-page petition for prohibition and mandamus with the Supreme Court and tagged as respondents Villar, who is also ex-officio chairman of the CA; Nograles; and the CA through its secretary, Gemma Aspiras.

Madrigal also asked the Court to issue a temporary restraining order and/or preliminary injunction enjoining the respondents from proceeding with their alleged illegal and unlawful actions as officials and members of the CA, pending the resolution of the petition.

“In order not to cast doubt as to the effectivity of the confirmations of nominees whose appointments will be confirmed by a CA the composition of which is constitutionally infirm, petitioner respectfully submits that the Honorable Court must enjoin respondents from conducting any further proceeding until the matter is resolved by this Honorable Supreme Court,” she said.

Both Villar and Nograles have expressed readiness to file their comments on Madrigal’s petition.

Villar said he has directed the Senate and the Commission on Appointments’ legal staff to study the comment on the case and submit the answer to the High Court within the justifiable period.

“The order to comment is part of the judicial process necessary to hear both sides of the story. The court is giving us an opportunity to explain and defend our side and we welcome it,” Villar said.

“We are yet to receive the official communication from the Supreme Court ordering a comment on the petition filed regarding the CA composition. Until such time that we are in receipt of the official order from the Supreme Court, we cannot sufficiently comment on the matter,” Villar said.

Nograles, for his part, said the House is prepared to justify its election of CA members.

“There’s nothing illegal. There’s no abuse of our discretion and we welcome the opportunity to answer and argue our case at the Supreme Court,” Nograles said.     – With Christina Mendez, Delon Porcalla