Metro Manila (CNN Philippines, June 15) – The Maharlika Investment Fund bill can be transmitted to Malacañang despite conflicting provisions that incumbent lawmakers are now trying to remedy, former Senate President Franklin Drilon said on Thursday.
Sections 50 and 51 of the bill have different prescription periods – 10 and 20 years, respectively. This is the period when cases should be filed in case there is a violation of the law.
Two weeks after hurdling Congress, the Maharlika bill has not been sent to the Palace for President Ferdinand Marcos Jr.’s signature.
Senator Mark Villar, sponsor of the measure, said the Senate secretariat is still “perfecting” the bill by addressing minor corrections to make sure it reflects what was discussed on the plenary where deliberations lasted until midnight.
In an interview with reporters on Thursday, Drilon said this is not the proper course of action.
“The secretariat may be uncomfortable with that, because it is a very sensitive matter and everybody’s watching,” the veteran legislator said. “It’s not a very good policy.”
Drilon said the bill should instead be sent to Malacañang.
If the President signs it into law, lawmakers can then file another bill seeking to amend it, he said. After all, Congress has up to 10 years to address the issue on the correct prescription period, he added.
“It is an issue that can be addressed and will only become questionable after 10 years if you can still file a case, is it 10 years or 20 years so at this stage that should not be an issue,” Drilon explained.
He said the conflicting provisions also do not invalidate the measure due to the separability clause which means “a finding of unconstitutionality of one section does not affect the bill itself.”
Earlier, Senate Minority Leader Aquilino “Koko” Pimentel III and opposition Senator Risa Hontiveros expressed support for any action questioning the Maharlika bill before the Supreme Court once it becomes a law.
