SC asked to intervene in House-CA impasse

MANILA, Philippines -  The Philippine Constitution Association (Philconsa) has called on the Supreme Court (SC) to intervene in the ongoing conflict between the Court of Appeals and the House of Representatives over the case of six Ilocos Norte provincial officials being detained by lawmakers for contempt.

In a statement over the weekend, the association founded in 1961 to “defend, preserve and protect the Constitution” specifically asked the high court to act on the letter of the three CA justices seeking advisory opinion on the “unexpected, unorthodox reaction” of the House on the writ of habeas corpus they issued in favor of the Ilocos Norte officials.

Through its chair Manuel Lazaro and president Ferdinand Martin Romualdez, the Philconsa urged the SC to consider the letter as an administrative matter and issue a decision to resolve the conflict.

“This is the judicial process/vehicle to enable the Supreme Court (to) resolve the clashing postures, in order to avert a constitutional crisis,” the group said.

Philconsa cited the mandate of the high court under the Constitution “as the final arbiter of constitutional questions/legal controversies” and its duty to “interpret and allocate the jurisdictional boundaries of the rights and obligations of the parties involved when a writ of habeas corpus is issued.” 

The group believes that the House would honor and abide by the SC ruling on the matter.

In the remote event the House still refuses to honor and execute the resolution or decision of the SC in the administrative matter, Philconsa said “the President shall undoubtedly execute or implement the decision of the Supreme Court, as mandated by his oath of office to preserve and defend the Constitution and execute its laws.”

The three magistrates of the CA special fourth division that ordered the release of the so-called Ilocos 6 – Associate Justices Stephen Cruz, Edwin Sorongon and Nina Antonio – sought guidance from the SC after the House refused to honor their orders and instead issued a show cause order against them.

Chief Justice Ma. Lourdes Sereno and CA Presiding Justice Andres Reyes Jr. earlier issued a statement calling on the House leaders to recall the show cause order and instead consider legal remedies under the Rules of Court in questioning the CA orders – including possible petition before the SC.

The Integrated Bar of the Philippines and Philippine Bar Association have also issued similar statements.

The CA earlier ordered the release of Pedro Agcaoili, Provincial Planning and Development Office chairperson; Josephine Calajate, provincial treasurer; Eden Battulayan, Encarnacion Gaor and Genedine Jambaro, Provincial Treasurer’s Office staff; and Evangeline Tabulog, provincial budget officer, who have been detained since May 29 after being cited in contempt by the House committee on good government and public accountability during its probe into the alleged misuse of P66.45 million in tobacco funds to buy motor vehicles.

It also issued a show cause order requiring House sergeant-at-arms Roland Detabali to explain why he should not be cited in contempt for defying the order and twice rejecting the service of the CA ruling. 

But House officials refused to accept the orders and reportedly insisted they were invalid because the appellate court has no jurisdiction over the matter.   

Speaker Pantaleon Alvarez also earlier threatened to abolish the CA and disbar the three justices in the CA division that issued the orders.