Paguia: Poll sabotage law ‘unconstitutional’
By Charlie V. Manalo 11/28/2011A constitutional expert yesterday claimed the Election Sabotage Law of 2007 or Republic Act 9369 which formed the basis of creating a Department of Justice (DoJ)-Comelec joint panel to investigate and prosecute large-scale election irregularities which implicated former President and now Pampanga Rep. Gloria Macapagal-Arroyo is unconstitutional.
In a statement, lawyer Alan Paguia, who was a counsel for former President Joseph Estrada, said the constitutional provision on the creation of the Sandi-ganbayan, which was provided for in the 1973 Constitution, was carried over to the 1987 Cons-titution.
He said the constitutional jurisdiction of the Sandiganbayan in the 1973 Constitution is specific on criminal and civil cases involving graft and corruption practices and such other offenses committed by public officers and employees in relation to their office as may be determined by law.
“The legislature has no authority to amend the constitutional jurisdiction of the Sandiganbayan. The exercise of ordinary legislative authority which resulted in the passage of the Electoral Sabotage law is not a valid mode of amending the Constitution,” Paguia said..... MORE
Source: The Daily Tribune
URL: http://www.tribuneonline.org/headlines/20111128hed3.html
1 comment
ang problema lang dito, atty. paguia, eh bakit ngayon lang yata kayo nagiingay ukol dito? ngayon lang na na.target si gloria....
“The legislature has no authority to amend the constitutional jurisdiction of the Sandiganbayan. The exercise of ordinary legislative authority which resulted in the passage of the Electoral Sabotage law is not a valid mode of amending the Constitution,” Paguia said.
"Prohibited acts under the Election Sabotage law — such as setting the ceiling of 10,000 tampered ballots as basis for the offense, which carried the penalty of life imprisonment — is unreasonable, he said."
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