RTC, not SC, has jurisdiction to resolve Senate-House conflict on Cha-Cha vote

For lack of jurisdiction, the Supreme Court (SC) dismissed yesterday a petition that wanted it to resolve the conflict between the Senate and the House of Representatives over the procedure on the voting on constitutional amendments in a move to start the country’s shift to a federal form of government.

Dismissed was the petition for declaratory relief filed by Dean Arturo De Castro against the leaders of Congress and the Office of the President.

In a press briefing, Spokesman Theodore O. Te said that “the SC has no original jurisdiction over declaratory relief actions” under the Rules of Court.

He said that jurisdiction over declaratory relief “is vested in the regional trial court” and the SC’s jurisdiction “is limited to appellate review of Declaratory Relief judgments rendered by the trial courts.”

He pointed out that De Castro “sought a judgment from the Court on the manner of voting of Congress for purposes of amending the Constitution,” and “effectively sought an opinon… which it does not render as its role is to settle actual controversies and not give advisory opinions.”

In his petition, De Castro said that as the final arbiter over constitutional questions, the SC should resolve the issue “of whether the House of Representatives alone may propose amendments to the Constitution.”

Earlier, House Speaker Pantaleon Alvarez was quoted as saying that Congress will proceed as a constituent assembly even without the senators.

Reports stated that while the House of Representatives wants to convene a joint constitutional assembly with the Senate, the Senate insists on separate voting on the proposed amendments.

Article XVII Section 1 (1) of the 1987 Constitution, provides that “any amendment to, or revision of, this Constitution may be proposed by the Congress, upon a vote of three-fourths of all its members.”