SC starts Cha-cha countdown

The Cha-cha countdown begins today as the Supreme Court (SC) holds its final deliberations on the petition of the Union of Local Authorities of the Philippines (ULAP) and the group Sigaw ng Bayan seeking to authorize the conduct of "people’s initiative" to introduce amendments in the 1987 Constitution.

Chief Justice Artemio Panganiban, who earlier admitted receiving pressure from both sides, said he will join 14 other magistrates in a marathon session of the entire court starting today to discuss the issues surrounding the petition made by Sigaw and ULAP over the legality of the people’s initiative.

Panganiban said the High Tribunal will hand down its ruling on the issue by the end of the month.

The two groups seek to set aside the ruling made by the Commission on Elections (Comelec) dismissing the petition, citing the 1997 SC ruling over the lack of an enabling law.

Panganiban said the court deliberations will end on Oct. 29.

"We will discuss this on the 25th (today) and then (on) Thursday and then Friday, and then Saturday, Sunday (Oct. 29) until we can come out with a decision," he said.

Panganiban earlier admitted the magistrates are being put under pressure by groups supporting the people’s initiative and those who are against.

"There is some pressure, but these will not impede the court in deciding the case," Panganiban stressed.

He assured the SC will treat the people’s initiative petition, in "the same (way) we treated three high profile cases in May with importance," referring to the three controversial issues that included President Arroyo’s proclamation 1017, Executive Order 464 and the calibrated preemptive response (CPR).

Mrs. Arroyo issued PP 1017 placing the entire country under a state of national emergency during the Feb. 24 foiled coup attempt.

The SC upheld PP 1017 justifying the power of the President to declare a state of national emergency to prevent and suppress lawless violence, but struck down some of its provisions as unconstitutional.

The High Tribunal partially voided EO 464 but upheld the power of the President to prohibit Cabinet officials, along with ranking police and military officers, to appear before a congressional inquiry without permission.

The SC declared the CPR as unconstitutional saying the government could not use the policy as a substitute to Batas Pambansa 880, or the Public Assembly Act to suppress the right of people for peaceful assembly.

The court, however, upheld the validity of BP 880 since it requires rallyists to secure permits from local officials to hold protest actions and demonstrations in public places.

The Supreme Court will begin its deliberations over another pressing issue – the people’s initiative petition made by ULAP and Sigaw.

Panganiban said the contending parties have submitted their respective positions over the issue since Oct. 17.

The Sigaw group represented by lawyer Raul Lambino maintained the people’s initiative represents the true voice of the masses clamoring for fundamental changes in the Constitution.

Lambino said it is high time for the Supreme Court to make a definitive ruling on Republic Act 6735, or the Initiative and Referendum Act of 1989.

Sigaw and ULAP cited RA 6735 as the law authorizing the conduct of the people’s initiative mode to introduce amendments in the Constitution.

Opposition groups, however, insisted on the SC ruling in 1997 that dismissed an earlier petition, citing the absence of an enabling law from Congress that authorized the holding of a people’s initiative.

Lambino claimed the 6.3 million signatures they have gathered supporting people’s initiative have been properly verified by Comelec.

He pointed out the number of gathered signatures represents at least three percent of the total registered voters in every congressional district in the country.

‘Last-ditch efforts’

With the High Tribunal gearing up for marathon deliberations over the issue, a number of pro-Charter change advocates made last-ditch appeals to rally support for the people’s initiative.

Malacañang admitted the consequences of the Supreme Court turning down the petition would be "too difficult and too painful" for the Arroyo administration.

ULAP officials also shared the same view, saying it would be "now or never" for the people to realize their inherent right to directly propose amendments or revision of the basic law of the land.

On the other hand, groups opposing Charter change initiatives accused the administration of pressuring the Supreme Court to make the favorable ruling.

Lawmakers, for their part, appealed to the public to allow the Court justices to decide on the issue without interference, directing their call on the group of teachers threatening to boycott poll duties should the SC decide in favor of the petition.

"This is putting the cart before the horse. It is unfair for our justices to be judged as not fair on something they have yet to decide on," Baguio City Rep. Mauricio Domogan said.

Isabela Rep. Rodito Albano III said anti-Charter change groups have been increasing as the SC decision draws nearer.

He claimed these groups have been "resorting to last-ditch attempts to pressure the SC."

"Even militant teachers now are threatening to boycott their poll and plebiscite duties if the SC decides to uphold the PI petition. Anti Cha-cha (Charter change) forces should not blackmail our justices to support their whims and caprices," Albano said.

Domogan said the Social Weather Stations (SWS) survey indicating 62 percent of Filipinos do not trust the SC justices was a "veiled pressure" because of the timing and pre-judgment on how the justices will decide on the people’s initiative petition.

House Majority Leader Prospero Nograles (Davao City) also said the SWS survey does not reflect the real sentiments of the people, pointing out the six million signatures gathered by ULAP and Sigaw.

"The survey is not accurate," Nograles said. "The great majority of lawyers, judges and those who practice legal profession trust the SC. These are the people who should be asked. They are the ones directly in touch with our judicial system," he said.

Another survey culled by the Ibon Foundation claimed a majority of Filipinos are still against Cha-cha.

According to Ibon opinion survey, 76 percent of the survey respondents said they were aware of the Arroyo administration’s plan to change the 1987 Constitution, while 77 percent said they were against Charter change. -With Delon Porcalla, Mike Frialde