Tuesday, June 16, 2009

SC throws away petitions vs con-ass

MANILA, Philippines -- The Supreme Court has junked two petitions seeking to stop a House resolution calling for a constituent assembly (con-ass) to amend the 1987 Philippine Constitution.

In the en banc resolution penned by Chief Justice Reynator Puno, the high court refused to exercise its jurisdiction over the two consolidated petitions -- filed by lawyers Oliver Lozano and Evangeline Lozano-Endriano, and Louis Biraogo -- calling for the nullification of House Resolution 1109.

"The fitness of petitioners' case for the exercise of judicial review is grossly lacking," the resolution said.

It added that the court's power of review "is limited to actual cases and controversies dealing with parties having adversely legal claims, to be exercised after full opportunity of argument by the parties."

The SC said the petitions were found to be premature or "unripe" for review because they failed to show proof of "adverse injury or hardship from the act complained of."

It also noted that "no actual convention has yet transpired and no rules of procedure have yet been adopted...no proposal has yet been made, and hence, no usurpation of power or gross abuse of discretion has yet taken place...the House has not yet performed a positive act that would warrant an intervention from this Court."

Ten justices concurred with Puno, one abstained and the other was on official leave

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