THE STUDENT Judicial Court (SJC) ruled on October 14 against petitions seeking “declaratory relief” on provisions of the 2016 Constitution.

The petitioners, the Ateneo Commission on Elections (Comelec) and Dom Martin Rañises (4 BS MGT), argued against Article VI, Section I of the 2016 Constitution, providing for Special Elections in the case of vacant positions due to abstention.

“While the choice to abstain may have a multiplicity of motivations for the individual voter, it has as a basis an acknowledgment of the immediate and future vacancy of the position being contested,” wrote Rañises.

In the SJC’s decision, written by Magistrates Angel Aranas and Jorelle Uson, the Court said that it did not have the authority to change or nullify any provision of the Constitution.

The Court cited Article XIII of the 2016 Constitution, detailing the process of amending the Constitution as a possible way of effecting this change.

“This Court maintains that the power to effect any amendment or revision lies not with the compositions of the Sanggunian in the exercise of their executive, legislative, or judicial powers, but with the student body itself acting as a sovereign body,” wrote the Court.

“This Court exercises judicial restraint in making declarations and is of the opinion that an effective public consultation must be made among all stakeholders in the yearly review of the constitution.”