The Supreme Court (SC) has dismissed the petition filed by the lawmakers of the Makabayan bloc which seeks to declare the Maharlika Investment Fund (MIF) bill as void and unconstitutional.
"We dismiss the petition. Constitutional questions may not be presented to the court at an inopportune time," it said in its resolution dated February 28 but released on Friday, May 12.
The SC stated that the petition, filed by ACT Teachers Rep. France Castro, Gabriela Partylist Rep. Arlene Brosas, and Bayan Muna Rep. Carlos Manuel, is "premature" since the MIF bill has yet to be passed as a law and that the counterpart of the House Bill No. 6608 in Senate is still pending.
"Prematurely adjudicating issues in a judicial forum despite a bare absence of facts is presumptuous, and would result in the Court issuing a mere advisory opinion. Thus, courts must exercise judicial restraint and avoid resolving hypothetical problems or academic questions," it said.
The higher court also pointed out that the Makabayan lawyers failed to present "any facts establishing the existence of an actual case or controversy ripe for adjudication."
"There is no actual case or controversy here, nor is the dispute ripe for adjudication," the SC further said.
Following the decision's release, Makabayan bloc lawmakers filed a motion for reconsideration.
Last February 13, Castro, Brosas, and Castro filed the petition before the higher court, questioning President Ferdinand 'Bongbong' Marcos Jr.'s urgent certification of House Bill 6398 or the Maharlika Investment Act.
The lawmakers earlier argued that the chief executive did not mention that there is a public calamity or even an emergency to justify this move.
