OSG shoots down poll suspension opposition
Guevarra told the SC during oral arguments Friday that ‘the Constitution vests Congress with legislative power and the same is plenary in nature.’
Daily TribuneGuevarra told the SC during oral arguments Friday that ‘the Constitution vests Congress with legislative power and the same is plenary in nature.’
Solicitor General Menardo Guevarra asked the Supreme Court yesterday to dismiss "for utter lack of merit" the petition challenging the constitutionality of the law that postponed the 5 December 2022 Barangay and Sangguniang Kabataan Elections.
In its comment filed for the Commission on Elections and the Office of the President, the OSG also asked the high bench to junk the plea for a temporary restraining order on the implementation of Republic Act 11935, the BSKE postponement law.
President Ferdinand Marcos Jr. signed RA 11935 on 10 October 2022. It was challenged before the SC by election lawyer Romulo Macalintal.
RA 11935 also provides that all incumbent barangay and SK officials will remain in office until their successors are elected, or unless they are sooner removed or suspended.
Guevarra filed the comment of the poll body and the OP in compliance with the SC's order issued last 18 October.
The OSG told the SC during oral arguments Friday that "the Constitution vests Congress with legislative power and the same is plenary in nature."
"Being plenary, it extends to all matters not excluded expressly or impliedly by the Constitution. The respondents submit that matters relating to the election are subsumed by this plenary power," the OSG said.
"While the Comelec is the constitutional entity tasked to administer free, fair, honest, and credible elections by the Constitution, its mandate exists in harmony with the power of Congress to legislate on matters directly affecting the election," it said.
An interpretation that gives to the Comelec complete and absolute jurisdiction over all matters related to the election "is anathema to both the wording and spirit of the Constitution," it stressed.
The OSG also pointed out that "the petitioner has failed to raise credible arguments regarding any limitations to Congress' plenary legislative power over the postponement of elections."
Limitations must be strictly construed to avoid unduly curtailing the broad legislative power directly vested by the Constitution onto Congress, it said.
"The power to fix dates of elections is expressly granted by the Constitution to Congress," the OSG stressed.
"In allowing the date of the election for national officials to be fixed by law, the Constitution expressly granted the legislature the power to change the date of their election from that fixed by the Constitution," it said.
On the extension of the term of barangay and SK officials as mandated by RA 11935, the OSG said that holding over a position is "not synonymous to a term."
"Although the necessary effect thereof is the continuation of the barangay official's exercise of his or her powers, such capacity is ad hoc only in nature and does not have the character of permanency," it said.
Macalintal told the SC that the power to postpone elections is within the exclusive jurisdiction of the Comelec under Section 5 of BP 881.