Retired SC justice reiterates SC ruling needed in People's Initiative enabling law

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Retired SC justice reiterates SC ruling needed in People's Initiative enabling law

RG Cruz,

ABS-CBN News

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The Supreme Court building in Padre Faura, Manila on August 24, 2022. George Calvelo, ABS-CBN News/File.
The Supreme Court building in Padre Faura, Manila on August 24, 2022. George Calvelo, ABS-CBN News/File.

MANILA -- The Supreme Court will have to decide whether or not Republic Act 6735 or the enabling law on the People's Initiative is enough to implement it as a mode of amending the 1987 Constitution, a retired member of the High Court told ABS-CBN.

Retired Supreme Court Associate Justice Adolfo Sevilla Azcuna also clarified that there is actually time for the proponents of a People's Initiative to gather signatures, correcting an earlier statement.

But he also said that even if there is time to gather signatures, the hurdle of getting the High Court to rule on the sufficiency of RA 6735 as an enabling law remains.

"I stand corrected. There is enough time to gather signatures between now and September. However, the other hurdle is the Supreme Court decision in Santiago v Comelec that Republic Act 6735 is not sufficient to allow petitions for initiative to amend the Constitution," Azcuna said.

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"This 1997 ruling has not been reversed by the Lambino v Comelec decision and resolution in 2006 where opinions expressing sufficiency of RA 6735 were mere theoretical discussions and not part of the ruling which was that the petition is flawed because it proposed revisions and not an amendment," he added.

People's Initiative advocates have maintained that a minute resolution in 2006, noting that 10 justices believe that the law is enough, constitute jurisprudence that clears the use of the law to implement the PI.

On Sunday, Azcuna told Teleradyo Serbisyo and DWPM Radyo 630 that ruling on that matter may delay the initiative.

"Kung sasabihin ng Supreme Court sapat itong batas ngayon for People's Initiaitive yun ang prublema the time element atsaka yung desisyon ng Supreme Court on whether or not Republic Act 6735 is sufficient to support a petition for initiative to amend the constitution," Azcuna said.

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