SC justice raises controversy requirement in petitions vs. anti-terror law

Supreme Court (SC) Associate Justice Mario Lopez on Tuesday raised the question on whether there was an actual controversy in the issue involving the constitutionality of the anti-terror law.

Courts are mandated to settle only actual controversies ripe for adjudication but Lopez has observed that the petitioners and the government argued on “hypothetical” matters.

“Mayroon po ba tayong issue about real controversy kung ito sinasabi ninyo, ito ang sinasabi nila at wala pong real issue that will dispose the case and there is no person that is prejudiced? Mayroon po ba tayong tinatawag na controversy as well as your standing before this Court?” Lopez told petitioner Albay Representative Edcel Lagman during the oral arguments.

“Nagkakabanggaan ang different proposition o hypothesis. If that is the case, wala tayong controversy.”

Lagman replied that there is an actual case because of the conflicting positions of the parties.

Associate Justice Marvic Leonen had previously asked the petitioners whether the courts should first wait until there is an actual rights violation in the course of the implementation of the anti-terror law.

There are 37 petitions seeking to nullify the law, which took effect last July, before the high court.—LDF, GMA News