SC to decide on public interest cases this year

MANILA, Philippines — After deferring ruling on cases of public interest last year, the Supreme Court (SC) is expected to decide on at least two of them this year: petitions for the postponement of the barangay and Sangguniang Kabataan Elections (BSKE), as well as on questions on the constitutionality of the no-contact apprehension policy (NCAP).

“These are some of the priority cases that we will be deciding in 2023. Hopefully, we can resolve these current pending cases that spark public interest (this) year,” Chief Justice Alexander Gesmundo said at a recent press briefing.

On Dec. 6 last year, the SC suspended the oral arguments on the case against NCAP, thereby extending the temporary restraining order (TRO) on the policy until the high court decides on the case.

Gesmundo adjourned the session with only Associate Justice Japar Dimaampao having interpellated the representatives of transport groups and asked the petitioners to file additional documents, including notices of violation.

The oral arguments will resume on Jan. 24 and will pick up where the SC justices left off with Dimaampao interpellating Solicitor General Menardo Guevarra.

The high court deferred action on a petition by government respondents – represented by Guevarra – for the lifting of the TRO, until the oral arguments are concluded.

The NCAP is a road safety and traffic management program being implemented by the local governments of Manila, Parañaque, Quezon City, San Juan and Valenzuela, as well as along EDSA by the MMDA.

The measure has been met with widespread opposition from public utility vehicle operators and private vehicle owners due to stiff fines and the lack of stoplight countdown timers in cities.

Meanwhile, the SC is also expected to rule on election lawyer Romulo Macalintal’s petition for the Commission on Elections to resume its preparations for the BSKE as well as on a TRO on Republic Act 11935.

Signed into law by President Marcos on Oct.10, RA 11935 allows the postponement of the BSKE to October this year.

In his petition, Macalintal is also urging the SC to order the holding of the elections at an earlier date, preferably in May.

Aside from deciding on public interest cases this year, the SC is also expected to promulgate rules governing anti-terrorism cases, as well as the writ of kalayaan, a judicial mechanism that seeks to bolster the protection of basic human rights in the country.

Gesmundo said an ad hoc committee drafting the rules on handling terrorism cases in relation to the Anti-Terrorism Act of 2020 is expected to finish its draft on or before April. This would then be submitted for consultation with the public and other legal and judicial stakeholders.

“The Court did not settle with just rendering a decision on this case. We went a step further to ensure that the implementation of the antiterrorism law is properly done when it reaches the judicial process,” the Chief Justice said.

“We want to make sure that there are specific rules governing the antiterrorism cases so that the rights of people are respected, the right of the state is also equally protected,” he added.