THE Supreme Court yesterday dismissed the petitions filed by several groups and individuals seeking to declare as unconstitutional two agreements the Aquino administration signed with the Moro Islamic Liberation Front (MILF) that allows the establishment of a Bangsamoro government in place of the Autonomous Region in Muslim Mindanao (ARMM).
At a press briefing, SC spokesman Theodore Te said the magistrates during their regular en banc session decided to dismiss the petitions on the ground that they are “premature.”
The SC noted that no Bangsamoro Basic Law has been passed yet, thus, any question on the constitutionality of the Framework Agreement on the Bangsamoro (FAB) dated October 12, 2012 and Comprehensive Agreement on the Bangsamoro (CAB) date March 27, 2014, “is premature and not ripe of adjudication.”
“Until a Bangsamoro Basic Law is passed by Congress it is clear that there is no actual case or controversy that requires the Court to exercise its power of judicial review over a co-equal branch of government,” the Court ruled.
Even if there are bills pending in Congress, the SC said it cannot exercise its power of judicial review over such bills until they are passed into law, otherwise, it would be tantamount to the Court rendering an advisory opinion on a proposed act of Congress.
“The power of judicial review over an act of Congress comes into play only after the passage of a bill, not before,” the SC said.
Dismissed were the petitions filed by the Philippines Constitution Association et al, (Philconsa), Tanggulang Demokrasya (Tan Dem), Rev. Vicente Libradores Aquino et al, Jacinto Paras and Rev. Elly Velez Pamatong et al.