SC Denies Second MR in People’s Initiative Case

A unanimous Supreme Court has junked the second motion to reconsider its decision on the People’s Initiative cases.

The Court, in its first En Banc session under Chief Justice Reynato S. Puno, ruled to deny the motion filed by petitioner Erico B. Aumentado “considering that a second motion for reconsideration is a prohibited pleading under Section 2, Rule 52 in relation to Section 2, Rule 56 of the 1997 Rules of Civil Procedure, as amended.” No further pleadings on the case will be entertained, the Court added.

Likewise, the Court said that the motion is a mere rehash of Aumentado’s first motion for reconsideration which the Court had denied with finality on November 21, 2006.

In its November 21 resolution, the Court denied with finality the motions for reconsideration of its October 25, 2006 decision dismissing the said petition to amend the 1987 Constitution through a people’s initiative. The Court held that the basic issues raised had already been duly passed upon and that no substantial arguments were presented to warrant the reversal of the decision.

The Court had, by a vote of 8-7, upheld the Commission on Elections’ August 31, 2006 resolution denying due course to an initiative petition to amend the Constitution. The Court said, through Justice Antonio T. Carpio, “This Court cannot betray its primordial duty to defend and protect the Constitution. The Constitution, which embodies the people’s sovereign will, is the bible of this Court. This Court exists to defend and protect the Constitution. To allow this constitutionally infirm initiative, propelled by deceptively gathered signatures, to alter basic principles in the Constitution is to allow a desecration of the Constitution. To allow such alteration and desecration is to lose this Court’s raison d’etre.” (GR No. 174153, Lambino and Aumentado v. Comelec; GR No. 174299, Binay, et al. v. Comelec, et al.; October 25, 2006)


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