(A digitized image of the Inquirer right-clicked from www.arkibongbayan.org under terms of use of said site, used here for educational, non-commercial purposes)
A petition for declaratory relief is a case filed in court (it’s not really called a “case” but a special civil action) where an individual (or persons) presents certain provisions of law (or the Constitution) to the Court and poses a question to the Court and asks the Court to give the meaning of those provisions, but without convincing the Court that he or she is affected by those provisions or without showing that any clear legal right is being violated as a result of those provisions.
On the other hand, an “injunction case” is the generic or layperson’s term applied to a petition for certiorari and prohibition or a petition for certiorari and mandamus.
A petition for certiorari and prohibition is when: Let me illustrate: If a law or ordinance was passed, and you think it is violative of certain of your rights, for example a law that says you cannot walk the streets after 12:00 midnight or else you would be arrested, and you think it violates your freedom of movement or right to travel, what you want to do is to have that law declared as unconstitutional by the Court; you’re not seeking anything else like damages or to send someone to jail but only to stop the enforcement of that law by having it declared as void for being unconstitutional: you file an action called a petition for certatiorari and prohibition. (well, there’s a general prayer at the end for “other just and equitable reliefs” and sometimes the court awards costs or “damages”, but normally and most of the time, it’s a prohibitory injunction as a result of striking down the law as unconstitutional).
The counterpart and opposite of that is when you want a government agency to be ordered to do something (not to stop, but to compel it to do something), like to allow you to view or read certain public records, like government contracts or bidding documents (or, on a more private endeavour, to release to you a license or permit after you’ve complied with all the requirements) and the government agency arbitrarily, whimsically, for no reason, just doesn’t act on it, you would file a petition for certiorari and mandamus; so the Court would order the government agency to do an act that you asked for. (by they way, the right of access, being enshrined in the Bill of Rights, is legally demandable; provisions in the Bill of Rights, unlike other constitutional provisions, are legally demandable without need of an enabling law.)
While petitions for declaratory relief, or requests for advisory opinion, or requests to interpret provisions of the Constitution (in other words, a petition for declaratory relief disguised as an injunction case or nominally as a petition for certiorari and prohibition) are usually dismissed by the Supreme Court; in
(Video: day after, iIndignation against con-ass. Video produced by Kodao Productions, downloaded from http://www.arkibongbayan.org under terms of use of said site, used here for educational, non-commercial purposes)
certain cases in Philippine practice, the Supreme Court dismisses the action but sometimes gives the petitioner a piece of its mind; in other words, it sometimes, when it deems the matter important enough, gives an opinion, but dismisses the petition for being non-justiceable (we spell it with an “e” in consti law but i think you can spell it with an “i”, too) but the Court does not issue an injunction.
(In the con-ass case filed by Oliver Lozano, maybe the Supreme Court should just say in its dispositive portion: “Dismissed, with prejudice but only as to petitioner Oliver Lozano, and with costs…”)
(i’m kidding with that parenthetical statement; you should know by now when i’m kidding and not.)
By the way, according to news reports, the con-ass case that was filed was “four pages”. I don’t see how it can be four pages when the resolution alone (H.R. 1109) is already four pages; in a petition for certiorari and prohibition, a certified true copy of the law being challenged is attached; and it’s a jurisdictional requirement (jurisdictional requirement means it gets pink-slipped by the clerk of court or summarily dismissed if not complied with); the title page alone of the initiatory pleading takes up 2/3 of a page, the prayer page takes up 2/3, plus you have another page of verification and another page of affidavit of service and other jurisdictional requirements; so what was filed cannot just be “four pages”…… Maybe —- five?
The leading cases where the Supreme Court dismissed the petition for declaratory relief but nevertheless gave an opinion (or petition for certiorari and prohibition but are mere requests for opinion) are the following: In Re Saturnino Bermudez; Dumlao vs. Comelec; Igot vs. Comelec.
So, yes, the Supreme Court usually dismisses requests for opinion, and therefore does not issue the prayed-for injunction (i.e., does not yet stop the questioned government branch from its stated plan of course of action) but sometimes gives the petitioner a piece of its mind.
In the post of two days ago, it was stated here that : quote “The action in the Supreme Court is premature (also, the resolutory part of H.R. 1109 merely quotes the provision of the Constitution, “upon a vote of three-fourths of all its (Congress’) members”; you cannot litigate just on the Whereas clauses; the Supreme Court also does not entertain petitions to ask for its opinion (in effect, for declaratory relief, or a request to interpret provisions; disguised as a petition for certiorari and prohibition). The time to file the action is when an amendment is presented before the members of the Lower House and they actually assemble and sit in their rump session and moneys start getting disbursed and they start approving amendments by their half-selves (without the Senate); hell, i want to see the amendments, bring it; bring the prime-minister-amendments.” Closed-quote.
The senators then later said that they would not yet file an action in the Supreme Court to challenge the constitutionality of H.R. 1109 (Con-ass) because any action filed at this time would be “premature” and that they would complete their studies and consider filing an action only if “amendments are adopted and money is being disbursed.” Former Ateneo law school Dean Joaquin Bernas also likened H.R. 1109 to a mere “announcement that the congressmen would commit a crime”.
The blog post stated “premature”, because the text of H.R. 1109 merely contains a legal opinion in its Wherea clauses (premises) while the resolutory part merely quotes in part the constitutional provision when it says: “Now therefore be it resolved that the members of Congress be convened for the purpose of proposing amendments to revision of the Constitution upon a vote of three-fourths of all its members and that upon its being convened shall adopt its rules of procedure that shall govern its proceedings.”
The legal opinion in its Whereas clauses states its own interpretation that: because the 1987 Constitution does not replicate the 1935 Consti provision “joint assembly voting separately” but instead states “3/4 of all members of Congress” therefore, it means that: one House by itself can, by a vote of ¾, propose amendments to the Constitution.
Can you litigate on the Whereas clauses, i.e., because you disagree with the Whereas clauses, you’ll ask the Supreme Court to intervene and issue an injunction? As stated, requests for opinion are not entertained by the Supreme Court, resulting in dismissal, but sometimes it will give an opinion without an injunction.
Can you say, the Whereas clauses taken with the resolutory portion shows the plan of the Lower House to convene by itself and approve proposed amendments by themselves, therefore they should be stopped by an injunction? Alas, the resolution, as house resolutions go, does not have the force of law; it is an expression of a sentiment (like house resolutions conferring awards or conferring honor, or appreciation, or expressing a sense, etc.). Not only do they not have the force of law, they are not binding on anyone and not even on the congressmen themselves! They themselves stated on interpellation that the promises in H.R. 1109 (not to extend their term, etc.) are not binding, i.e., do not have the force of law, even as to themselves.
You can’t litigate on that. It’s an exercise of the congressmen’s freedom of thought.
The thought there being: “We wanted to please the President.”
*** **** *** *** ***
(But if only for this thought, and maybe their plan, people should exercise their freedoms and show the congressmen their piece of mind.)
Here’s a list of those congressmen, from Ricky Carandang’s blog, as given by Businessworld columnist Rene Azurin; what arkibongbayan.org also published and called: “The June Bribes”:
ABANTE, BIENVENIDO M. “BENNY” 6TH District Pandacan
ABLAN, ROQUE R. JR, Ilocos Norte, 1st District
AGBAYANI, VICTOR AGUEDO E. Pangasinan, 2nd District
AGYAO, MANUEL, S Kalinga Province
ALBANO (III), RODOLFO T. Isabela, 1st District
ALFELOR, FELIX R. JR. 4th District, Camarines Sur
ALMARIO, THELMA Z. Davao Oriental, 2nd District
ALVAREZ, ANTONIO C. Palawan 1st District
ALVAREZ, GENARO RAFAEL M. JR. Negros Occidental, 6th District
AMANTE, EDELMIRO A. Agusan Del Norte, 2nd District
AMATONG, ROMMEL C. Compostela Valley, 2nd District
ANGPING, MARIA ZENAIDA B. Manila, 3rd District
ANTONINO, RODOLFO W. Nueva Ecija, 4th District
APOSTOL, TRINIDAD G. Leyte, 2nd District
AQUINO, JOSE S. (II) 1st District Agusan del Norte
ARAGO, MARIA EVITA R. 3rd district, Laguna
ARBISON, A MUNIR M. Sulu 2nd District
ARENAS, MA. RACHEL J. Pangasinan, 3rd District
ARROYO, DIOSDADO M. Camarines Sur, 1st District
ARROYO, IGNACIO T. 5th district Negros Occidental
ARROYO, JUAN MIGUEL M. 2nd District of Pampanga
BAGATSING, AMADO S. Manila 5th district
BALINDONG, PANGALIAN M. Lanao del Sur, 2nd District
BARZAGA, ELPIDIO F. JR. Cavite, 2nd District
BAUTISTA, FRANKLIN P. Davao Del Sur, 2nd District
BELMONTE, VICENTE F. JR. Lanao del Norte, 1st District
BICHARA, AL FRANCIS C. Albay, 2nd District
BIRON, FERJENEL G. Iloilo, 4th District
BONDOC, ANNA YORK P. Pampanga 4th District
BONOAN-DAVID, MA. THERESA B. Manila, 4th District
BRAVO, NARCISO R. JR. Masbate, 1st District
BRIONES, NICANOR M. AGAP Party list
BUHAIN, EILEEN ERMITA Batangas, 1st District
BULUT, ELIAS C. JR. Apayao Lone District
CAGAS (IV), MARC DOUGLAS C. Davao Del Sur, 1st District
CAJAYON, MARY MITZI L. Caloocan, 2nd District
CAJES, ROBERTO C. Bohol, 2nd District
CARI, CARMEN L. Leyte, 5th District
CASTRO, FREDENIL H. Capiz, 2nd District
CELESTE, ARTHUR F. Pangasinan, 1st District
CERILLES, ANTONIO H. Zamboanga Del Sur, 2nd District
CHATTO, EDGARDO M. Bohol, 1st District
CHONG, GLENN A. Biliran, Lone District
CHUNG-LAO, SOLOMON R. Ifugao, Lone District
CLARETE, MARINA C. Misamis Occidental, 1st District
CODILLA, EUFROCINO M. SR. Leyte, 4th District
COJUANCO, MARK O. Pangasinan, 5th District
COQUILA, TEODULO M. Eastern Samar, Lone District
CRISOLOGO, VINCENT P. Quezon City, 1st District
CUA, JUNIE E. Quirino, Lone District
CUENCO, ANTONIO V. Cebu City, 2nd District
DANGWA, SAMUEL M. Benguet, Lone District
DATUMANONG, SIMEON A. Maguindanao, Lone District
Dayanghirang, Nelson L. Davao Oriental, 1st District
DAZA, NANETTE C. Quezon City, 4th District
DAZA, PAUL R. Northern Samar, 1st District
DE GUZMAN, DEL R. Marikina City, 2nd District
DEFENSOR, ARTHUR D. SR. Iloilo, 3rd District
DEFENSOR, MATIAS V. JR. Quezon City, 3rd District
DEL MAR, RAUL V. Cebu City, 1st District
DIASNES, CARLO OLIVER D. (MD) Batanes, Lone District
DIMAPORO, ABDULLAH D. Lanao Del Norte, 2nd District
DOMOGAN, MAURICIO G. Baguio, Lone District
DUAVIT, MICHAEL JOHN R. Rizal, 1st District
DUENAS, HENRY M. JR. Taguig, 2nd District (2nd Councilor District)
DUMARPA, FAYSAH MRP. Lanao del Sur, 1st District
DUMPIT, THOMAS L. JR. La Union, 2nd District
DURANO (IV), RAMON H. 5th District, Cebu
ECLEO, GLENDA B. Dinagat Islands, Lone District
EMANO, YEVGENY VICENTE B. Misamis Oriental, 2nd District
ENVERGA, WILFRIDO MARK M. Quezon, 1st District
ESTRELLA, CONRADO M. (III) Pangasinan, 6th District
ESTRELLA, ROBERT RAYMUND M. ABONO Party List
FERRER, JEFFREY P. Negros Occidental, 4th District
GARAY, FLORENCIO C. Surigao Del Sur, 2nd District
GARCIA, ALBERT S. Bataan, 2nd District.
GARCIA, PABLO JOHN F. Cebu, 3rd District
GARCIA, PABLO P. Cebu, 2nd District
GARCIA, VINCENT J. Davao City, 2nd District
GARIN, JANETTE L. Iloilo, 1st District
GATCHALIAN, REXLON T. Valenzuela City, 1st District
GATLABAYAN, ANGELITO C. Antipolo City, 2nd District
GO, ARNULFO F. Sultan Kudarat, 2nd District
GONZALES, AURELIO D. JR. Pampanga 3rd District
GONZALES, RAUL T. JR. Ilo ilo City
GULLAS, EDUARDO R. Cebu, 1st District
GUNIGUNDO, MAGTANGGOL T. Valenzuela City 2nd District
HOFER, DULCE ANN K. Zamboanga Sibugay, 2nd District
JAAFAR, NUR G. Tawi-Tawi, Lone District
JALA, ADAM RELSON L. Bohol, 3rd District
JALOSJOS, CESAR G. Zamboanga del Norte, 3rd District
JALOSJOS-CARREON, CECILIA G. Zamboanga del Norte, 1st District
JIKIRI, YUSOP H. Sulu, 1st District
KHO, ANTONIO T. Masbate, 2nd District
LABADLABAD, ROSENDO S. Zamboanga del Norte, 2nd District
LACSON, JOSE CARLOS V. Negros Occidental, 3rd District
LAGDAMEO, ANTONIO F. JR. Davao del Norte, 2nd District
LAPUS, JECI A. Tarlac, 3rd District
LAZATIN, CARMELO F. Pampanga, 1st District
LIM, RENO G. Albay, 3rd District
LOPEZ, JAIME C. Manila, 2nd District
MADRONA, ELEANORA JESUS F. Romblon, Lone District
MAGSAYSAY, MARIA MILAGROS H. Zambales, 1st District
MALAPITAN, OSCAR G. Caloocan, 1st District
MAMBA, MANUEL N. Cagayan, 3rd District
MANGUDADATU, DATU PAKUNG S. Sultan Kudarat,
MARANON, ALFREDO D. III Negros Occidental, 2nd District
MATUGAS, FRANCISCO T. Surigao del Norte, 1st District
MENDOZA, MARK LEANDRO L. Batangas, 4th District
MERCADO, ROGER G. Southern Leyte, Lone District
MIRAFLORES, FLORENCIO T. Aklan, Lone District
NAVA, JOAQUIN CARLOS RAHMAN A. (MD) Guimaras, Lone District
NICOLAS, REYLINA G. Bulacan, 4th District
NOGRALES, PROSPERO C. Davao City, 1st District
OLAñO, ARREL R. Davao Del Norte, 1st District
ONG, EMIL L. Northern Samar, 2nd District
ORTEGA, VICTOR FRANCISCO C. La Union, 1st District
PABLO, ERNESTO C. APEC Party List
PANCHO, PEDRO M. Bulacan, 2nd District
PANCRUDO, CANDIDO P. JR. Bukidnon, 1st District
PICHAY, PHILIP A. Surigao Del Sur, 1st District
PIñOL, BERNARDO F. JR. North Cotabato, 2nd District
PUNO, ROBERTO V. Antipolo City, 1st District
RAMIRO, HERMINIA M. Misamis Occidental, 2nd District
REMULLA, JESUS CRISPIN C. Cavite, 3rd District
REYES, CARMELITA O. Marinduque, Lone District
REYES, VICTORIA H. Batangas, 3rd District
ROBES, ARTURO G. San Jose Del Monte City, Lone District
Rodriguez-Zaldarria ga, Adelina Rizal, 2nd District
ROMAN, HERMINIA B. Bataan, 1st District
ROMARATE, GUILLERMO A. JR. Surigao del Norte, 2nd District
ROMUALDEZ, FERDINAND MARTIN G. Leyte, 1st District
ROMUALDO, PEDRO Camiguin, Lone District
ROMULO, ROMAN T. Pasig City, Lone District
ROXAS, JOSE ANTONIO F. Pasay City
SALIMBANGON, BENHUR L. Cebu, 4th District
SALVACION JR., ANDRES D. Leyte, 3rd District
SAN LUIS, EDGAR S. Laguna, 4th District
SANDOVAL, ALVIN S. Malabon-Navotas, Lone District
SANTIAGO, JOSEPH A. Catanduanes, Lone District
SANTIAGO, NARCISO D. (III) ARC Party List
SEACHON-LANETE, RIZALINA L. 3rd district of Masbate
SEARES-LUNA, CECILIA M. Abra, Lone District
SILVERIO, LORNA C. Bulacan, 3rd District
SINGSON, ERIC D. Ilocos Sur, 2nd District
SINGSON, RONALD V. Ilocos Sur, 1st District
SOLIS, JOSE G. Sorsogon, 2nd District
SOON-RUIZ, NERISSA CORAZON Cebu, 6th District
SUAREZ, DANILO E. Quezon, 3rd District
SUSANO, MARY ANN L. Quezon City, 2nd District
SY-ALVARADO, MA. VICTORIA R. Bulacan, 1st District
SYJUCO, JUDY J. 2nd Dsitrict, Iloilo
TALINO-MENDOZA, EMMYLOU J. North Cotabato, 1st District
TAN, SHAREE ANN T. Samar, 2nd District
TEODORO, MARCELINO R. Marikina City, 1st District
TEODORO, MONICA LOUISSE PRIETO Tarlac, 1st District
TEVES, PRYDE HENRY A. Negros Oriental, 3rd District
TUPAS, NEIL C. JR. Iloilo, 5th District
UNGAB, ISIDRO T. Davao City, 3rd District
UY, EDWIN C. Isabela, 2nd District
UY, REYNALDO S. Samar, 1st District
UY, ROLANDO A. Cagayan De Oro City, Lone District
VALDEZ, EDGAR L. APEC Party List
VALENCIA, RODOLFO G. Oriental Mindoro, 1st District
VARGAS, FLORENCIO L. Cagayan, 2nd District
VILLAFUERTE, LUIS R. Camarines Sur, 2nd District
VILLAROSA, MA. AMELITA C. Occidental Mindoro, Lone District
VIOLAGO, JOSEPH GILBERT F. Nueva Ecija, 2nd District
YAP, JOSE V. Tarlac, 2nd District
YU, VICTOR J. Zamboanga Del Sur, 1st District
ZAMORA, MANUEL E. 1st District, Compostela Valley
ZIALCITA, EDUARDO C. Parañaque, 1st District
marichulambino.com 
A call to pinoy blogs and bloggers to link blogs on HR 1109
We are issuing this call to all pinoy blogs and bloggers to link to other blogs discussing or posting on the issue of the House Of Representatives passing HR 1109 in congress. Link to these blogs even if your blog’s topic is not on anything related to HR 1109.
HR 1109 is one the most important actions of the current congress that will affect the whole country and our lives.
Let us link together to give pinoys the opportunity to be properly informed on the issue so that they can intelligently decide on their own or join a group to take action.
http://bit.ly/4CiZC
LikeLike
A small suggestion. Listen to the Fab Four singing Revolution at http://www.youtube.com/watch?v=Zck8EYdkTw0. The lyrics (3rd verse) talks about a change in the constitution. I’m sure John Lennon authored the remedy of “You better free your mind instead.”
LikeLike