Groups urge SC to nullify Taguig’s order to increase councilor seats
INQUIRER FILE PHOTO
MANILA, Philippines — Several non-government organizations joined retired Supreme Court (SC) Associate Justice Dante Tinga in urging the SC to nullify the September 2024 ordinance passed by the Taguig City Council that increases the number of councilor seats in the city from eight to 12 per councilor district.
In a Motion to Allow Joinder of New Party-Petitioners, the NGO leaders also called on the SC to immediately resolve Tinga’s petition filed in October 2024.
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“The prospective petitioners have decided to join the petition particularly on account of their conviction that the increase of the number of councilors per district should be authorized by a valid law duly enacted by the Congress and approved by the President in accordance with the Constitution, similar to the present number of councilors per district,” the motion read.
“The assailed increase of councilors per district from eight (8) to twelve (12) per councilor district was accomplished by an invalid city ordinance, sought to be validated by a hastily passed Concurrent Resolution, that does not have the force and effect of a law, and likewise sought to be implemented by an ill-advised Resolution of the Commission on Elections (Comelec),” they added.
Petitioners include Salvacion Robianes, acting president of the Kababaihan ng Taguig Women’s Association (Balikatan); Patria U. Villalon, president of the Upper Bicutan Bayanihan Movement (UBBM); and Jennifer V. Corpin, president of the Tenement Homeowners’ Association in Western Bicutan.
In September 2024, the Taguig City Council passed Ordinance No. 144 following the SC’s final ruling prohibiting Makati City from exercising jurisdiction over Embo barangays. These include Parcels 3 and 4, Psu 2031, comprising Fort Bonifacio, including the so-called Inner Fort which includes Barangays Pembo, Comembo, Cembo, South Cembo, West Rembo, East Rembo, Pitogo, Rizal, Post Proper Northside, and Post Proper Southside.
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Petitioners argued that the current composition of councilors, which is eight per district is provided in Republic Act No. 6636 (An Act Resetting the Local Elections From November 9, 1987 to January 18, 1988) and Republic Act No. 7166 (An Act Providing for Synchronized National and Local Elections and for Other Electoral Reforms.)
They added that R.A. 8487 (City Charter of Taguig) reaffirmed the number of councilors in the city per district.
In his petition, Tinga argued that increasing the number of city councilors requires a law and that such power exclusively belongs to Congress.
Tinga named the Commission on Elections (Comelec), the Senate, and the House of Representatives as respondents in the petition.
The former SC associate justice noted that the concurrent resolution of both chambers does not have “the force and effect of law” since it did not undergo the prescribed three readings for a measure to become law under the Constitution.
He added that it did not bear the required signature of the President, which the Constitution mandates.
Tinga also said the legal issue could have been avoided had the registered voters of the 10 Embo barangays been fully franchised through an appropriate law making the said EMBO barangays the third legislative district of Taguig City.
Tinga said that, as early as June 26, 2024, he had written to House Speaker Martin Romualdez to propose the creation of a new legislative district out of the 10 Embos, with a draft bill enclosed.
