Lawyer asks SC to abolish presidential electoral tribunal

Election lawyer Romulo Macalintal on Monday asked the Supreme Court to abolish the presidential electoral tribunal (PET) and declare the body as unconstitutional. In a seven page petition, Macalintal said the creation of PET violates Section 4, Article VII of the Constitution which states that only the SC “shall be the sole judge of all contests relating to the election, returns, and qualifications of the President or Vice-President, and may promulgate its rules for the purpose." The petitioner added that under Section 12, Article VIII of the Constitution, the high tribunal cannot perform as a quasi-judicial body and operate with a separate budget, employees and a different seal. “While the SC was empowered to promulgate its own rules in hearing election protests, the Constitution does not authorize [it] to create a separate tribunal with separate budgetary allocation, with new seal, new set of personnel and confidential employees to exercise the function of being the sole judge to decide the said election contests," he said. “The creation of the PET and the designation of the chief justice as Chairman thereof and the Associate Justices as Members, is in direct contravention of the express mandate of Section 12, Article VIII that they shall not be designated to any agency performing quasi-judicial or administrative functions," he added. Section 12, Article VIII of the Constitution provides that “the members of the Supreme Court and other courts established by law shall not be designated to any agency performing quasi-judicial or administrative function." The PET is composed of the 15 SC magistrates, with the chief justice acting as chairman and the associate justices sitting as members. It receives a separate budget from the national government. Under the 2010 budget, about P55.97 million has been allotted for the PET. Macalintal appealed to the high court to act on his petition swiftly “in view of the forthcoming presidential elections on May 10, 2010 where cases may be filed involving the election, returns or qualifications of candidates for president or vice-president." - Aie Balagtas See/YA, GMANews.TV