Retired Supreme Court Justice Dante Tinga. Paige Javier, ABS-CBN News

MANILA – Retired Supreme Court Justice Dante Tinga has asked the high tribunal to invalidate the ordinance passed by the City Council of Taguig that increased the number of councilors in each district of Taguig from eight to 12 per district.

Last September, the city council passed Ordinance No. 144 which also divided the 10 enlisted men's barrio (EMBO) barangays into two districts.

Tinga filed a petition for certiorari before the Supreme Court on Monday afternoon, with the prayer for the high tribunal to issue a temporary restraining order.

He also seeks to nullify the Commission on Elections Resolution No. 11069 and Concurrent Resolution No. 26 of the Senate and House of Representatives also enacted in September.  

Tinga argued that the increase in the number of city councilors requires a law, that only Congress has the authority to create. He said this also requires the approval of the President.

"The main ground that seeks to invalidate the unauthorized and illegal increase and as well as unconstitutional increase of the number of city councilors or city council seat because it is void and unconstitutional. The measure requires a law and that power does not belong to the city council," he said.

Tinga explained, that there is no law or measure giving the city council power to add seats, thus making the ordinance unconstitutional.

He said he included Comelec in its petition because the poll body adopted the resolution, allowing over 200,000 registered voters of EMBO barangays to vote for congressmen in the 2025 polls.

"Unfortunately the Comelec on its part is poised to implement the void and unconstitutional city council resolution. That's why we are filing this case," Tinga added.

The retired magistrate pointed out that the concurrent resolution of the House and Senate does not have the weight or effect of a law.

"The measure or the concurrent resolution, particularly, did not go a prescribed three readings for a law. And also, it does not, it did not bear the signature of the President as required by the Constitution likewise," he said.

Tinga said the legal issue could have been resolved if the registered voters had been fully enfranchised through an appropriate law, making the ten barangays the third legislative district of Taguig City and its third councilor district.

"The solution to the whole enfranchisement of the EMBO barangays registered voters [is] a law creating a new legislative district. That law may also provide for a new councilor district. That's the solution. But apparently and it's very clear even that the city council did not resort to that recourse," he said.

Tinga appeals to the high court to issue a TRO on the implementation of the resolution in time for the 2025 elections in May.

"If by the time of the final resolution of this case, the May 2025 elections had already taken place, the damage to the voters of the City of Taguig due to their discarded ballots will be palpable. It is only with an injunction that such unseemly prospect can be stayed pending the Court's final determination of this petition," the document read.

In a message to reporters, Comelec Chairman George Garcia explained the poll body's move.

"The action of the Comelec was based on the Sangguniang Panglunsod ordinance and the sense of the Senate and the House of Representatives via a concurrent resolution. Meaning, we did not act based on capriciousness, arbitrariness and in a despotic manner but in ensuring that the electorate of the 10 barangays are not disenfranchised," Garcia said.

"In several instances, the SC gave us leeway or elbow room just to ensure equal opportunity for all in the conduct of orderly and peaceful elections," he added.