The Supreme Court has junked the petition filed by the Makabayan bloc in the House of Representatives seeking to declare the proposed Maharlika Investment Fund (MIF) bill unconstitutional after “failing to establish the existence of an actual case or controversy.”
“(Petitioner Neri) Colmenares et al.’s mere allegation of unconstitutionality of the President’s certification of HB (House Bill) 6608 and the passage of the bill by the House are not sufficient to warrant review by the Court,” the SC said in a resolution released Friday.
The high court stressed that the petitioners did not establish sufficient or concrete facts to enable the Court to adjudicate the issues presented.
“In fact, and by their own admission, the Senate has yet to act on the counterpart bill of HB 6608. To date, no law has been passed and HB 6608 remains pending with the House for further revisions, eliminating petitioners and legislators’ concerns regarding the expedited passage of HB 6608 in the House,” the SC said.
The high tribunal pointed out that it has no reason to give due course to the “premature petition” without an actual case or controversy “ripe for adjudication.”
But the asserted that there is already an actual case or controversy because a constitutional provision has been violated.
“By the foregoing consumed and completed actions, the facts are already sufficient to judicially determine whether or not there has been grave abuse of discretion on the part of the President and the lower House in certifying a bill urgent when there is no calamity or emergency being addressed,” it said.
Because of this, the petitioners submitted a motion for reconsideration, seeking to have the petition assigned to a ponencia and be considered for full disposition.
The petitioners include Bayan Muna chairman Colmenares, former Bayan Muna Rep. Carlos Isagani Zarate, ACT Teachers party-list group Rep. France Castro, Gabriela Women’s party-list Rep. Arlene Brosas, and Kabataan party-list Rep. Raoul Manuel.
President Ferdinand Marcos Jr., Executive Secretary Lucas Bersamin, and the House of Representatives are the respondents to the petition.
The MIF bill was approved on its third and final reading at the House back in December with 279 yes votes, six no votes, and zero abstentions. In March, the bill creating the MIF reached the Senate plenary after the committee ended its hearings on the Maharlika bills.
