Retired Supreme Court Justice Dante Tinga has announced plans to file a petition with the High Court next week to challenge the Taguig City ordinance that increased the number of councilors in the city and Pateros.

Tinga argued that the ordinance and the Comelec resolution upholding it are unconstitutional, as neither body has the authority to legislate on this matter. Only Congress has the power to modify the number of councilors, which is clearly outlined in the city charter.

Furthermore, Tinga contends that the Senate Concurrent Resolution 23 -- which triggered a heated altercation between Senators Alan Peter Cayetano and Miguel Zubiri -- does not have the force of law as it did not undergo the proper legislative process.

A long-time resident and former congressman of Taguig, Tinga served as senior associate justice of the Supreme Court and, until recently, chairman of the Development Bank of the Philippines.

The Taguig Sangguniang Panlungsod passed Ordinance No. 144 in September, transferring 10 EMBO barangays to the two districts and increasing the number of councilors from eight to 12 in each district.

The Senate subsequently passed a similar resolution, leading to a heated confrontation between Cayetano and Zubiri. While the two senators later made amends, the resolution ultimately passed.

The Commission on Elections upheld the ordinance in October, and the House of Representatives concurred with the Senate resolution.

Tinga supports the transfer of the 10 EMBO barangays but argues that the increase in councilors requires a law. He asserts that the ordinance violates both the Local Government Code and the Taguig City charter.

“Neither does the Comelec have the power to extend validity to or approve the city ordinance under the Constitution, the Local Government Code, or any other law,” he said.

Tinga stressed that both City Ordinance No. 144 and Comelec Resolution No. 11069 are null and void, and the Senate concurrent resolution does not have the effect of law.