SolGen files motion to dismiss petition vs people’s initiative

The government filed yesterday a motion to dismiss the petition of anti-Charter change groups, led by former Vice President Teofisto Guingona Jr., seeking to stop district personnel of the Commission on Elections (Comelec) from verifying signatures gathered by proponents of the people’s initiative to amend the Constitution.

Solicitor General Eduardo Antonio Nachura said the issue was already beyond the jurisdiction of the Quezon City regional trial court (RTC).

"The RTC cannot rule on an action made by the Comelec, which is exercising quasi-judicial power," Nachura said. "Only the Supreme Court can (recognize petitions against the Comelec)."

In his petition before the Quezon City court, Guingona represented the People’s Movement Against Charter Change (People’s March).

It was the seventh petition seeking a temporary restraining order to stop local Comelec offices from verifying the signatures.

The other petitions were filed in the cities of Manila, Makati, Bacolod, Iloilo and Roxas. Other petitioners include the lawyers’ group Counsels for the Defense of Liberties (Codal) and militant groups Bagong Alyansang Makabayan (Bayan) and Kilusang Magbubukid ng Pilipinas (KMP).

The signatures were submitted by Sigaw ng Bayan, a coalition that seeks to effect Charter change — and pave the way for the shift to a parliamentary system of government — through the people’s initiative by gathering the signatures of at least 12 percent of registered voters nationwide and three percent of voters in each legislative district.

Based on the petition, the anti-Charter change groups claim the people’s initiative is unconstitutional, illegal and a direct contravention of a 1997 Supreme Court ruling, which bars the Comelec from entertaining people’s initiative petitions for Charter change due to the lack of an enabling law.

They said verifying the signatures of such a petition would also be unconstitutional, illegal and a misappropriation of public funds in violation of the anti-graft law.

Guingona called the people’s initiative "the largest cover-up" and said the "people’s initiative had become manipulative when it should instead come from the people themselves."

He said the "insufficiency of information and misinformation (and) all sorts of inducements were given to people in exchange for their signatures when many people do not really understand constitutional change."

Roxas City’s RTC Branch 17 has issued a 20-day TRO against the Roxas City Comelec and Region VI director Dennis Ausan.

The Iloilo petition was dismissed by the Iloilo RTC after Justice Secretary Raul Gonzalez personally appeared at the hearing of the petition in Iloilo.

Other cases have yet to be set for hearing.