Delegates to a con-con are elected by the people. The Charter may also be amended by Congress convening itself into a constituent assembly.
Speaker Jose de Venecia had earlier pushed for a constituent assembly, saying it was cheaper for taxpayers and could do the job quicker. But his proposal was buried in preparations for the May 10 elections.
In filing Senate Bill No. 2 or the Constitutional Convention Act, Flavier said a constitutional convention composed of delegates elected by the people "will provide a forum for an intelligent discussion, profound study and dispassionate debate on the proposed remedies to perceived Charter defects."
He proposed that P100 million taken from the Contingency Fund in the General Appropriations Act for 2004 be allocated for the con-con.
Besides being the least costly method of amending the Charter, a con-con will provide the people with an opportunity to have 365 days within which to mull changes in the basic law of the land, Flavier said.
"There is no compelling reason to divert from this proven track," Flavier said. "There is the opportunity in the next 365 days to review the Charter, with the least cost to the public and the smallest fissure in our already fractious society. The con-con proposed herein is composed of 204 delegates, to be elected by congressional district, and whose qualifications are the same as (those for) members of the House of Representatives."
"A candidate (for the con-con) must disclose his business interests the moment he files his candidacy. A 150-word essay on the proposed constitutional reforms he plans to advocate if elected shall be posted inside voting booths to guide the voters," he said.
Flavier also said political parties and public officials are banned from joining or influencing the exercise of choosing con-con delegates.
"Delegates shall be granted parliamentary immunity," Flavier added. "The con-con, whose members shall be paid P500 per diem for every session or committee meeting attended, is allowed 120 session days to submit its work to the President, who shall then schedule a plebiscite 60 to 90 days after the submission. A majority of votes cast in the plebiscite signals the ratification of the proposed amendments or revisions."
Under the Flavier measure, those disqualified from joining the ranks of the con-con delegates include "any public officials, unless he resigns his office upon his filing of his certificate of candidacy, or any person convicted of a crime involving moral turpitude, unless granted absolute pardon or amnesty."
He proposed that the election of con-con delegates by qualified electors of each district shall be held on the second Monday of May 2005.
He said the Commission on Elections (Comelec) shall promulgate the rules and regulations as necessary for the conduct of the election of con-con delegates, taking into consideration the need to keep the expenditures of both the candidate and the government to a minimum and the non-partisan nature of the convention.
Besides the 150-word essay on proposed Charter amendments, Flavier also proposed that candidates for the convention should file a sworn statement of assets and liabilities and financial and business interests — covering their spouses, children and other relatives to the fourth degree of consanguinity and affinity.
"A copy of each statement shall be conspicuously posted in each polling place in the district," he said.
The con-con delegates will not be allowed to run for office in the first national and local elections to be held after the amendments to the 1987 Constitution are ratified, nor shall the con-con delegates be eligible for appointment to any government office while the convention is in session and for one year after the convention is finally adjourned.
Under Flavier’s proposal, the con-con will open its session in the House of Representative on June 30, 2005 at 10 a.m. with the Comelec, assisted by the Secretaries-General of the Senate and House taking charge of all the arrangements for the opening of the convention.
The Senate president and House speaker will jointly preside over the Concon’s opening session until a presiding officer is elected from among the delegates by the convention.
The con-con’s first order of business will be to elect a chairman and presiding officer from among its ranks and the convention "shall be deemed organized upon the election and qualification of a chairman and presiding officer," Flavier said.