BBM-Sara File photo of incoming President Ferdinand ‘Bongbong’ Marcos Jr. and incoming Vice President Inday Sara Duterte with House Majority Leader and Leyte 1st District Rep. Martin G. Romualdez, the leading speakership contender.

BBM-Sara proclamation to proceed as sked

May 20, 2022 Marlon Purification 649 views

SC refuses to issue TRO

THE proclamation of incoming President Ferdinand ‘Bongbong’ Marcos Jr. and incoming Vice President Inday Sara Duterte will proceed on May 27 after the Supreme Court (SC) refused to issue a temporary restraining order (TRO) that would have stopped the canvass by Congress sitting as National Board of Canvassers starting on May 24.

Instead, the SC en banc issued a resolution that required Congress, the Commission on Elections and Marcos to answer within a period of 15 days the petition that sought to void Marcos’ candidacy and in effect, his win.

“WHEREAS, considering the allegations contained, the issues raised and the arguments adduced in the Petition, without necessarily giving due course thereto, it is necessary and proper to REQUIRE the respondents to COMMENT on the petition and prayer for temporary restraining order within a period of fifteen (15) days from notice hereof,” said the decision of the en banc dated May 19, 2022.

Because of the order, the SC effectively stopped the petitioners in their tracks, in as much as based on the computation, the 15-day period given to Congress and Marcos by the high court to answer the petitioners will expire on June 8, or more than a week after Marcos and Duterte have already been proclaimed by Congress.

In the Congress’ calendar of activities, the proclamation of the duly elected president and vice president is scheduled on May 27. Without the TRO, there is no hindrance for the proclamation of Marcos and Duterte.

As of yesterday, the SC en banc is in recess and will resume session on June 14.

Under the procedure, when the en banc is in recess, only the Chief Justice, upon the recommendation of the “ponente” of the case or the justice in charge of the case, may issue a TRO.

But in another blow to petitioners, Chief Justice Alexander Gesmundo is on official business trip outside the country and is only expected to be back on the first week of June, or several days after the president and vice president are already proclaimed.

Earlier, opposition Sen. Franklin Drilon has warned of possible Constitutional crisis if the SC will issue a TRO on the proclamation of Marcos and Duterte, who both won via landslide against their rivals.

This developed as the Senate Minority Leader also insisted that the SC has no jurisdiction in restraining the proclamation of winning candidates as the Congress has the sole jurisdiction over it.

“Ang pag-proklama ng pangulo at pangalawang pangulo sang-ayon sa lumalabas na boto sa certificate of canvass ay tungkulin po ng Kongreso sa ilalim ng ating Saligang Batas,” Drilon said in a TV interview.

“Hindi pwedeng pigilin sa pamamagitan ng restraining order ang Kongreso at harangin ang kanyang tungkulin sa Saligang Batas. Kaya wala pong jurisdiction ang Supreme Court na mag-isyu ng TRO,” the opposition senator added.

Drilon also warned that it is dangerous if the SC issues a TRO on the proclamation of candidates as the country might plunge into a Constitutional crisis.

“Hindi lang po ‘yan wala sa lugar sa ating Saligang Batas mas nakakatakot po kung mag-issue sila ng TRO at pagdating ng Hunyo 30 ay wala tayong mapo-proklamang presidente at pangalawang pangulo,” Drilon stressed. By MARLON PURIFICACION