The Philippine Online Chronicles

The Supreme Court junked the petitions filed by Oliver Lozano together with Evangeline Lozano-Endriano and Louis Biraogo for the nullifying of House Resolution 1109, saying that the claims the petitions made were premature and that legal cause for filing them was “grossly lacking.”

In the petition Lozano and Lozano-Endriano alleged that a constitutional assembly would lead to President Gloria Macapagal-Arroyo lengthening her stay in office, while Biraogo's petition called for a temporary restraining order on HR 1109 because it violated the bicameral nature of Congress, where charter changes must be voted for separately by the upper and lower chambers.

The en banc resolution written by Chief Justice Reynato Puno said that the petitions “[lacked] adverse injury or hardship from the act complained of...no actual convention has yet transpired...no proposal has yet been made, and hence, no usurpation of power or gross abuse of discretion has yet taken place...the House has not yet performed a positive act that would warrant an intervention from this Court.”