Sotto warns of constitutional crisis if SC stops canvassing of votes for Marcos

Senate President Vicente Sotto III on Thursday warned of a political crisis should the Supreme Court (SC) grant the petition seeking a temporary restraining order (TRO) against the Senate and the House of Representatives from canvassing the votes for Ferdinand Marcos Jr. and proclaiming him president.

“If that happens, we will be courting a constitutional crisis from the fact that Congress can no longer meet after June 3rd,” Sotto said in a text message shared to reporters.

“Who will then conduct the canvass as mandated by the [Constitution]? July 25 is a key date for Congress. So, no President or [Vice President] by June 30? What do they propose? Holdover? Tell me if that is not a crisis!” he added.

On Wednesday, martial law survivors, religious and youth rights advocates, and the Campaign Against the Return of the Marcoses and Martial Law (Carmma) filed a petition before the SC seeking a TRO against the official canvassing of votes for president and vice president.

The SC was also asked to reverse the resolution of the Commission on Elections (Comelec) and to grant the petition for disqualification against Marcos.

A petition to cancel the certificate of candidacy

On the other hand, Senate Minority Leader Franklin Drilon believes the petitions will be futile, explaining that the High Court cannot hinder Congress, sitting as the National Board of Canvassers (NBOC), from doing its mandate under the Constitution.

“The petitions will not prosper. The Supreme Court cannot restrain or stop the Congress, acting as the National Board of Canvassers, from performing its constitutional duty of canvassing the votes for President and Vice President of the Republic, and proclaiming the winner,” Drilon said in another text message.

Senate Majority Leader Juan Miguel Zubiri echoed the argument of Drilon, asserting that Congress is constitutionally-mandated to tally the votes cast for president and vice president.

"Congress is constitutionally-bound to canvass the results for the President and Vice President. Nothing prevents us from performing this duty to ensure the peaceful transfer of power," Zubiri said in a Viber message to reporters.

"That is our Democracy and that is our sworn Duty to the Filipino people. We only need a few days to complete this task and we commit that before June 30, we shall have our new President and Vice President. The ones elected by the sovereign will of [31] million Filipino people," he added.

Under the 1987 Constitution, the returns of every election for president and vice-president, duly certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the President of the Senate.

Upon receipt of the certificates of canvass, the President of the Senate shall, not later than 30 days after the day of the election, open all the certificates in the presence of the Senate and the House of Representatives in joint public session, and the Congress, upon determination of the authenticity and due execution thereof in the manner provided by law, canvass the votes.

The Senate and the House of Representatives are set to resume sessions on May 23. After which, Congress will convene the National Board of Canvassers to start the official count of votes cast for president and vice president.—AOL, GMA News