House leader backtracks on bypassing Senate

The chairman of the House committee on constitutional amendments appeared to backpedal yesterday on his previous assertion that congressmen could bypass senators in their Cha-cha (Charter change) push.

In a radio interview, Cagayan de Oro City Rep. Constantino Jaraula said he and his colleagues plan to tackle Cha-cha proposals this week and eventually approve suggested constitutional amendments "by a three-fourths vote or 177 of the (236) members of the House."

He said the approved proposed amendments would then be submitted to the senators for their consideration and Senate approval would also require a three-fourths vote of all its members.

More than a month ago, Jaraula, a lawyer, asserted that the House could bypass the Senate in the congressmen’s renewed Cha-cha push. Such assertions had been shared by other House members who are lawyers and aware of the constitutional provisions on Cha-cha, including Mauricio Domogan of Baguio City, a former judge.

According to Jaraula earlier, the Constitution requires that proposed Charter changes be approved "by a three-fourths vote of all members of Congress." It does not state that the two chambers of Congress should vote separately, he argued.

Thus, all the House would need to do is obtain 195 votes of the combined membership of 260 (236 congressmen and 24 senators) of the two chambers to approve proposed constitutional amendments, he claimed.

Senators, of course, derided this assertion, telling congressmen they would only be wasting their time, efforts and precious taxpayers’ money if they bypassed the Senate on Cha-cha.

The Senate has been advocating the election of a constitutional convention to propose Charter amendments.

If it proposes the convening of a constituent assembly, the House is banking on the support of at least three senators — Edgardo Angara, Juan Ponce Enrile and Richard Gordon.

The House won’t be able to take up Cha-cha this week, according to Majority Leader Prospero Nograles.

Nograles told The STAR that the Jaraula committee has yet to submit its new report on Cha-cha measures.

He said these measures have been retrieved from the "unfinished business" portion of the House calendar of business and sent back to the committee.

"We are still awaiting their report. After it is submitted, it is referred to the rules committee (which Nograles chairs) for calendaring for plenary discussions," he said.

He said most likely, the chamber could take up Cha-cha next week.

"In the meantime, we hope to tackle the reorganization," he added.

The revamp is an offshoot of the opposition’s failed move to oust President Arroyo through the impeachment process, which the House killed three weeks ago.

Members of the majority who are holding House and committee posts and who voted to junk the impeachment complaints are expected to be replaced shortly.

Judicial reforms needed

Meanwhile, the former president of the Philippine Bar Association said the Citizens Consultative Commission (con-com) should seriously work on depoliticizing the entire judicial system when it recommends changes to the Constitution.

Lawyer Linda Jimeno, one of the 39 members of the con-com formed by Malacañang, said she will bat for reforms that would further strengthen the separation of powers of the judiciary, executive and legislative branches of government.

The con-com is set to convene for its first session tomorrow at the Seameo Innotech International in Quezon City. The commission’s recommendations will be sent to Congress and then submitted for approval through a plebiscite that is expected to take place early next year.

Jimeno said there is too much politics in the judiciary since the executive branch has too much influence in the selection and appointment of justices and judges.

She said that under the present Constitution, among the members of the Judicial and Bar Council (JBC) are the Chief Justice as ex-officio chair, the justice secretary, a representative of Congress, a representative of the Integrated Bar of the Philippines, a law professor, a retired SC justice and a representative of the private sector.

The chief justice, the justice secretary and the representative from Congress are automatic members of the JBC. Jimeno noted that the rest of the members of the council are appointed by Malacañang and are thus political appointees.

She said these appointees were then confirmed by the Commission on Appointments, which further politicizes the process.

"We should look into this. Politics should not be involved in the selection of the members of the JBC. The judiciary should have independence," Jimeno said.

The problem does not end there, she said, adding that once the members of the JBC are appointed and confirmed, they then recommend justices and judges for approval by Malacañang.

"Because of the politicized process, our justices, judges and other members of the judiciary are beholden to politicians," Jimeno said.

She also said judicial reforms and amendments to the Constitution should also speed up trials.

Jimeno said snail-paced legal proceedings are a long-standing problem of the judiciary system, resulting in the unfair detention of those yet to be convicted of crimes, the overcrowding of jails, and the inhumane treatment of inmates, including women and children.

"The 1987 Constitution provides for it already but there is no teeth because there is no law" to sanction those found guilty of intentionally prolonging legal battles, she said.

Jimeno will also push for a shift from the presidential to the parliamentary system of government, saying the move is necessary.

"It’s time. We are now the only Asian country with a presidential system of government," she said. "We have to move on. We’re being left behind." — With Michael Punongbayan