Makabayan lawmakers file petition vs 'runaway' TRAIN Law

MANILA, Philippines — A petition has been filed at the Supreme Court to nullify President Rodrigo Duterte's Tax Reform for Acceleration and Inclusion law

Some members of Congress claim the ratification of the TRAIN bill on December 13 had been done with grave abuse of discretion.

Reps. Antonio Tinio (ACT Teachers party-list ), Carlos Isagani Zarate (Bayan Muna party-list) and Ariel Casilao (Anakpawis party-list) filed the petition against the TRAIN law on Thursday.

They said there was "[g]rave abuse of discretion on the part of Respondent House leaders when they had the TRAIN Bicameral Conference Committee Report ratified despite the glaring lack of quorum and several other violations of the Constitution and the House Rules insofar as it implements the Constitution."

Lawyers of the National Union of Peoples' Lawyers assisted in the filing.

The petitioners asked the Supreme Court to declare TRAIN unconstitutional and to issue a restraining order against its implementation

Named as respondents are House Speaker Pantaleon Alvarez, Deputy Speaker Raneo Abu, Majority Leader Rodolfo Fariñas and Deputy Majority Leader Arthur Defensor Jr.

"Respondents drove their runaway TRAIN past all procedural barriers set by their own House Rules, and worse, set by the Constitution to which they have sworn to faithfully adhere," the 33-page petition read.

"By ramming through invalid ratification of the TRAIN, Respondents foreclosed the final opportunity of the people, through their elected Representatives, to raise their vote against the bill and for tax justice, violating too the basic rules of transparency and decency," the petitioners added.

READ: Palace confident Congress can pass budget, TRAIN bill before break

No quorum

They recalled that during the night of December 13, 2017, Reps. Tinio and Casilao were among the few members of the House present during the deliberation of the BCC Report.

Reps. Tinio and Zarate both expressed objection to the ratification, but Rep. Abu, who "deliberately ignored them," moved to approve the motion.

"When Petitioners repeatedly shouted 'Objection!' and 'walang quorum' but to no avail, they were also carrying the objections of their constituents," the petitioners stressed.

A transcript of the last three minutes of the House session on December 13, 2017 was also attached to the petition.

They also said that it was a "nearly empty session hall," save for the petitioners and few other members of the House present.

They also said that there was no quorum when the TRAIN Bicameral Conference Committee report was approved.

Section 16 (2) of Article VI of the Constitution provides that:  "A majority of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may compel the attendance of absent Members in such manner, and under such penalties, as such House may provide."

Citing jurisprudence, the petitioners pointed out that "majority" or more than one half constitute a quorum.

They stressed that the House rules cite: "The House shall not transact business without a quorum."

The petitioners also noted: "The Rules violated are not mere internal rules of the House. The requirements of a quorum and approval of bills are constitutional mandates or requirements."

Also named as respondent President Rodrigo Duterte, who they claim, committed grave abuse of discretion "when he enacted the TRAIN bill which was not passed by Congress." The President however is immune from suit.

RELATED: Winners and losers: How the TRAIN law affects rich, poor Filipinos | How the government plans to help poor Filipinos affected by TRAIN

Solicitor General Jose Calida, on his official twitter account, taunted the petitioners after the filing: "Is that all you have to nullify the TRAIN law?"

Calida, who will defend the TRAIN law in court if the Supreme Court decides to proceed with the petition, also "thanked" the petitioners "for making my job easier."