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TRUE to her words, Sen. Ma. Ana Consuelo “Jamby” Madrigal on
Friday brought before the Supreme Court her allegations that the
present composition of the powerful Commission on Appointments is
unconstitutional and should be reorganized.
Madrigal, assisted by lawyer Romeo Capulong,
filed a petition for prohibition and mandamus with prayer for a
temporary restraining order and writ of preliminary injunction, to
declare as unconstitutional the current membership of the
appointments body.
Madrigal walked out of the appointments body’s
hearing on Thursday to dramatize her protest.
Named respondents were Senate President Manuel
Villar, Speaker Prospero Nograles and the whole appointments body.
In her 25-page petition, Madrigal accused the
respondents of “grave abuse of discretion amounting to lack or
excess of jurisdiction” in failing to comply with constitutionally
mandated proportional party representation of the members of the
appointments body, for continuously conducting hearings and
proceedings despite the appointments body’s alleged
unconstitutional composition, and for failure to reorganize the body
despite repeated demands.
“The Judiciary does not normally intervene in
the internal workings of a co-equal branch of government or a
constitutionally created body,” the petition said. “However,
petitioner respectfully submits that in cases where a branch of
government tasked to check the excesses of the other is itself
committing grave abuse of discretion amounting to lack or excess of
jurisdiction, the Judiciary is equally tasked to end this abuse in
order to put to fore the strict requirement of the Constitution.”
Madrigal cited Article VI, Section 18 of the
Constitution, which assures representation in the appointments body
of any political party which succeeds in electing members to the
Senate and the House of Representatives.
Section 18 states that the appointments body’s
membership should be composed of the senate president, sitting as
ex-officio chairman, and 12 senators and 12 members of the House of
Representatives, elected by each House “on the basis of
proportional representation from the political parties and parties
or organizations registered under the party-list system represented
therein.”
“Clearly,” Madrigal said, “the commission
under the leadership of Senate President Villar has gravely abused
its discretion as shown by the mass confirmation of more than a
hundred presidential appointees, when the minority can no longer
invoke section 20 of the Rules of the Commission.”
-- William B. Depasupil
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