Padilla asks SC to resolve Cha-cha vote debate

SENATOR ROBINHOOD Padilla on Monday asked the Supreme Court (SC) to determine whether the Senate and the House of Representatives should vote jointly or separately in discussing amendments to the Charter.

Padilla, who chairs the Senate Committee on Constitutional Amendments and Revision of Codes, filed an instant petition seeking declaratory relief regarding Sections 1 and 3 of Art. XVII of the Constitution.

"Kailangan maliwanag sabihin ng SC na voting separately. Kasi pinipilit, nag-file ang HOR ang gusto nila voting jointly. Hindi naman pupuwede yan. Paano naman ang senador (The SC needs to clearly state voting separately. Because it is being forced, the HOR wanted voting jointly. That should not be the case. What about the senators)?" Padilla told reporters after filing the petition.

"Without the Honorable Court's declarative pronouncements, these questions, as well as the unstable relations between the two Houses of Congress, shall persist," he added.

Padilla is seeking the SC's "authoritative declaration" on the following constitutional issues:

Whether or not the Senate and House of Representatives should jointly convene, as a constituent assembly when proposing amendments to, or revisions of, the Constitution under Sec. 1(1), Art. XVII of the Constitution;

When voting jointly, should the requirement of 3/4 vote under Sec. 1(1) be treated as 3/4 vote by the Senate plus 3/4 vote by the House; or 3/4 by the 24 senators with all members of the House of Representatives;

Whether the Senate and House should jointly convene and assemble when voting for calling a Constitutional Convention and/or submitting to the electorate the question of calling such a convention;

When voting jointly, if the requirements of 2/3 vote under Sec. 3, Art. XVII, be treated as 2/3 vote in the Senate plus 2/3 vote in the House; or 2/3 vote of all 24 senators and all members of the House;

When voting jointly, should the requirement of a "majority vote" under Sec. 3, Art. XVII be treated as a majority vote in the Senate plus majority vote in the House; or a majority vote of all 24 senators voting with all members of the House.

Senator Padilla expressed difficulty in fulfilling his duties due to ambiguities in constitutional provisions citing President Ferdinand R. Marcos Jr.'s intervention in the debate on amending the Charter, as well as the numerous resolutions proposing amendments still pending in respective committees.

Padilla said misinterpretations hinder Congress' efforts to resolve the controversy.

"Hindi tayo humihingi ng advice. Humihingi tayo ng resolba. Nakikiusap po tayo sa SC na iresolba nila ang away na ito (We are not seeking for an advice. We are asking for a resolution. We are begging the SC to resolve this conflict)," he added.

Copies of his petition were also furnished to the Office of the Solicitor General, Senate President Francis Joseph Escudero, and House Speaker Martin Romualdez, among others. (Wilnard Bacelonia)