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Padilla asks Supreme Court to resolve Cha-cha voting issues

PHOTO: Robin Padilla

Sen. Robin Padilla holds up the petition filed at the Supreme Court on Monday, August 5, 2024, asking for a resolution of key issues in making constitutional amendments. | Photo by Faith Argosino, 好色先生TV

MANILA, Philippines 鈥 Sen. Robin Padilla has filed a petition with the Supreme Court (SC) seeking to resolve key issues in the 1987 Constitution, specifically on whether both chambers of Congress should vote jointly or separately during discussions on constitutional amendments.

Padilla went to the Supreme Court鈥檚 main building on Monday to file the petition seeking declaratory relief on Sections 1 and 3 of Article XVII of the Constitution.

The senator chairs the Senate Committee on Constitutional Amendments and Revision of Codes.

According to the SC, a declaratory relief is 鈥渁 special civil action filed by any person interested under a deed, will, contract or other written instrument, or whose rights are affected by a statute, executive order or regulation, ordinance, or any other governmental regulation.鈥

READ: House approves RBH 7 on third reading

Based on a statement sent by Padilla鈥檚 office, the petition seeks an 鈥渁uthoritative declaration鈥 of the high tribunal on the following constitutional issues:

When voting jointly, should the requirement of 鈥渕ajority vote鈥 under Section 3, Article XVII be treated as a majority vote in the Senate, plus a majority vote in the House; or a majority vote of all 24 senators voting with all members of the House.

Padilla said he could not perform his functions as chairman of the Senate committee due to the 鈥渁mbiguities鈥 of the provisions already mentioned.

He added that only the SC had the power to address what he called 鈥渆xisting actual controversy.鈥

鈥淎s we have witnessed, the leadership of the executive branch and the legislative branch have come together to address these issues,鈥 Padilla said.

鈥淭hese two branches, however, on their own, cannot resolve these constitutional issues by themselves,鈥 he explained.

鈥淲ithout the honorable court鈥檚 declarative pronouncements, these questions, as well as the unstable relations between the two Houses of Congress, shall persist,鈥 he added.

Padilla also mentioned that many resolutions seeking to amend the Constitution were also previously filed, but remain pending before both chambers鈥 committees.

On March 20, the House approved on its third and final reading Resolution of Both Houses (RBH) No. 7, a proposal to amend the 1987 Constitution鈥檚 economic provisions.

This resolution was patterned after Senate RBH No. 6.

Meanwhile, RBH No. 6 is still pending in the upper chamber.

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