19-7-2023 (MANILA) The National Union of Peoples’ Lawyers (NUPL) and lawmakers affiliated with the Makabayan bloc are preparing a case to challenge the constitutionality of the Maharlika Investment Fund (MIF) before the Supreme Court (SC).
Lawyer Cristina Conti, NUPL’s Metro Manila secretary-general, stated that they are exploring options to halt the implementation of the MIF. Conti mentioned that there are procedural and substantive concerns regarding the fund, and they anticipate taking action alongside lawyers and the Makabayan bloc. They have been engaging with various groups opposed to the fund, and a constitutional challenge before the Supreme Court is among the options being considered.
Presently, the SC is deliberating on the motion for reconsideration filed by Bayan Muna in their petition seeking to invalidate President Marcos’ use of his presidential powers to certify the MIF bill as urgent. The petition was previously denied by the SC.
On February 13, the petitioners argued that the certification of the bill as urgent by Marcos was unconstitutional, as the Constitution allows a President to certify a measure as urgent only “to meet a public calamity or emergency.” However, the court deemed the Makabayan bloc’s petition premature, as the bill has not yet become law and is still pending before the Senate.
Conti stated that, in addition to the issue of presidential power, the NUPL and lawmakers are examining other procedural matters that could render the MIF unconstitutional, including the fact that lawmakers made amendments to the bill using a messaging app.
Furthermore, she highlighted substantial concerns related to the economic aspect of the bill. “There are several economic groups, including professors from the University of the Philippines School of Economics, who have expressed their position on this matter through a position paper. Additionally, professors from other universities have formed groups and spoken out against the bill,” she added.
In opposition to the MIF, the militant fishers’ group, Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya), strongly criticized President Marcos for signing the fund into law. Pamalakaya’s vice chairman, Ronnel Arambulo, reaffirmed their opposition, citing corruption and grave anomalies associated with the MIF.
Arambulo pledged that the fishing sector would not remain complacent in the face of what they perceive as a new form of plunder of their hard-earned tax contributions. He urged the government to prioritize the implementation of production subsidies for marginalized sectors affected by the high prices of basic commodities and fuel. Pamalakaya is advocating for a production subsidy of ₱15,000 per fisherfolk to cover two months’ worth of fuel expenses.
