Sigaw says high court not a 'trier of facts'

Who are the justices of the Supreme Court to try facts, when their job is to interpret the law? This will be the anchor of the motion for reconsideration to be filed before the high court by Sigaw ng Bayan, one of two petitioners for a so-called people's initiative. "I don't know why the Supreme Court dismissed it. It is an interpreter of laws, not a trier of facts. It is sad that it did not even take up the main point of our petition," Sigaw ng Bayan head Raul Lambino said in Filipino during an interview on dzXL radio Thursday. He said it was "clear" that 6.3 million people signed the draft petition prepared by Sigaw and the Union of Local Authorities of the Philippines (ULAP). In its decision, the high tribunal noted that the signatures were "deceptively gathered." What his group had asked, Lambino said, was for a review of the Cha-cha petition in 1997, which the high court dismissed. In junking a similar petition in 1997, the Supreme Court said the law at the time was insufficient for a people's initiative to amend the Constitution. Lambino said a second argument in the motion for reconsideration would be that the justices, who voted 8 to 7, were "hating hati (closely divided)" on whether the Sigaw and ULAP's petition sought an amendment or revision of the Charter. The petition sought to change the system of government from a presidential bicameral system to a parliamentary unicameral system. Under the 1987 Constitution, only relatively minor changes, or amendments, can be effected on the Constitution through a people's initiative. "As far as we are concerned, what we are asking for is an amendment," Lambino said. Yet, he said the Supreme Court chose to question Sigaw and ULAP's compliance with the Charter that a people's initiative must have signatures of 12 percent of registered voters and three percent of each legislative district. "It is a sweeping conclusion regarding a question of facts. That is not supposed to be what the Supreme Court is doing," he said. Grand deception The camp of former President Joseph Estrada said it will file next week charges of malversation of public funds and graft against Sigaw and ULAP officials, based on testimonies from village officials. "We are going to prove there was a grand deception. This is malversation of funds and a violation of the anti-graft law," Estrada's lawyer Rufus Rodriguez said in an interview on dzBB radio Thursday. He said the complaint will likely be filed before the Ombudsman, which he said has the power to suspend unscrupulous officials. Estrada will be the complainant in the case, he said. Likely to be named respondents are officials of the Union of Local Authorities of the Philippines (ULAP) and Sigaw ng Bayan leader Raul Lambino. "They are using funds for an illegitimate purpose ... Lambino is a private citizen but he conspired in this illegal act," Rodriguez said. Millions in 'donations' He said evidence will include news clippings quoting Lambino as saying he received millions from mayors and governors to mobilize the campaign with village officials. Other evidence will include testimonies from village officials receiving money or favors, he said. Rodriguez also said ULAP and Lambino must account for the millions of pesos for ads on television, radio and newspapers. "They may have said they already answered the question before, but they must first answer the charges on the issues raised," he said. Rodriguez also asked Wednesday night the Commission on Audit (COA) to probe the expenditures of the two pro-Charter change groups.-GMANews.TV