House eyes 3rd Cha-cha mode

The House of Representatives is exploring a third mode for Charter change (Cha-cha) that congressmen hope would be more acceptable to the people and the Senate.

Majority Leader Arthur Defensor has told reporters that besides a constituent assembly (con-ass) and a constitutional convention (con-con), another way of amending the Constitution is to treat proposed Charter changes like ordinary bills and resolutions.

“Under our rules, proposed amendments are to be treated like bills and resolutions. They go through three readings. They are sent to the committees and then reported back to the House. If the House approves them, they are sent to the Senate for its own approval,” he said.

However, Defensor said the Senate rules do not provide for this manner of proposing Charter amendments.

He said this is the route taken by Resolution 737, which seeks to amend the Constitution to allow foreigners to own land here.

Speaker Prospero Nograles is the principal author of the resolution, which is now pending with the committee on constitutional amendments chaired by La Union Rep. Victor Ortega.

A con-ass is Congress itself, wherein the Senate and the House convene to recommend Charter amendments. The major objection to a con-ass is that its members could extend their term of office and that of President Arroyo.

A con-con, on the other hand, is a body formed by Congress through a law. It would be composed of delegates elected from congressional districts. Congress would specify how many delegates per district. A con-con is thus a costly proposition.

Parañaque Rep. Roilo Golez, a member of the Ortega committee, said the panel agreed in its last meeting to use the Cha-cha mode enshrined in the House rules.

“There has been what I consider a major development as far as amending the Constitution is concerned. And that is, instead of wholesale amendments through a con-ass or a con-con, we are now talking of a specific amendment through Resolution 737 of Speaker Nograles,” he said.

Golez said under Section 140, Rule 20 of the rules of procedure of the House, amendments like those Nograles proposes in his resolution “would follow the same procedure as bills.”

“In other words, it is not possible to have a rider like a term extension, because a resolution proposing an amendment is like a bill that should have only one subject matter,” he said.

He pointed out that a Cha-cha resolution would require “bicameral action,” meaning it would have to be debated on and approved by the House and the Senate voting separately.

“The approval of the other chamber is necessary, and that is the check and balance. If they don’t approve it, there’s nothing we can do about it,” he stressed.

He added that this manner of proposing specific Charter changes through the moral legislative process could be more “palatable to our people, who react strongly to wholesale and gargantuan amendments.”

He said amendments proposed in this manner would still be subjected to the people’s approval in a plebiscite.

He also said the resolution authored by Camarines Sur Rep. Luis Villafuerte is “doomed to fail.” Villafuerte, a lawyer, aims to get close to 200 signatures to bypass the Senate on Cha-cha. That number represents three-fourths of the combined membership of the two chambers of Congress.

“I think that’s doomed to fail if it’s meant to change the form of government or change the term limits because the resistance (from the people) is going to be very strong,” he said.

Villafuerte is president of Kabalikat ng Malayang Pilipino (Kampi), the political party the President founded in 1997 when she was a senator.

There are now more than 150 signatories to his resolution. Among those behind it is presidential son and Pampanga Rep. Juan Miguel Arroyo.

Defensor, also a lawyer, has said there is no way the House can bypass the Senate on Cha-cha even if in the remote possibility that the Supreme Court would go with the view of the Villafuerte group that the two chambers should vote jointly and not separately on Cha-cha.

While Kampi and other House allies of Mrs. Arroyo are pushing for a con-ass, senators favor a con-con after 2010.

Last week, Nograles said if there were really no way for senators to cooperate with congressmen on con-ass, he would be open to their con-con proposal.

Business groups oppose Cha-cha

The Philippine Chamber of Commerce and Industry (PCCI) said that moves to amend the constitution now will only create divisiveness and will have a negative impact on local businesses.

“This (changing the Constitution) is a very polarizing activity,” Edgardo Lacson, PCCI president said.

Lacson said local businessmen are not against changing the Constitution. However, he said it would be more beneficial to the country if moves to alter the highest law of the land would wait until Mrs. Arroyo steps down from office.

“We are not against changing the Constitution but the timing is so bad. It is like shooting ourselves in the foot,” Lacson noted.

He said the country should capitalize on our advantages against other nations seeking investments from foreigners.

Makati Business Club executive director Alberto Lim said that amending the Constitution before 2010 would completely shatter investment confidence.

“If they are successful in amending the Constitution then I do not know what will happen because people are really expecting a change in leadership,” Lim said.

Right now, he said there are almost no foreign investments coming in the country.

Meanwhile, the American Chamber of Commerce of the Philippines Inc. (AmCham) AmCham said that the government could do a number of things to improve the investing climate without changing the Constitution.

“There are a lot of things that can be done without touching the Constitution,” Robert Sears, executive director of AmCham said.

Sears said the Philippines has a lot of barriers to trade.

“There are a number of things that the Philippines can implement. All that is needed is legislative action,” Sears explained.

An October Social Weather Stations (SWS) survey showed that a majority of Filipinos are not in favor of Cha-cha. A majority or 64 percent of adult Filipinos are opposed to amending the Constitution and allowing Mrs. Arroyo to hold her post after June 30, 2010.

El Shaddai now silent on Cha-cha

Four days after he made threats to lead millions of El Shaddai members in a street protest against Cha-cha, Bro. Mariano “Mike” Velarde was almost silent on the issue during their regular prayer gathering in Parañaque City late Saturday evening.

Last Saturday evening, thousands of El Shaddai members gathered at the Amvel Park in Parañaque City but he did not urge them to join the Dec. 12 interfaith rally at the intersection of Paseo de Roxas Street and Ayala Avenue, Makati City which is being organized by multi-sectoral group.

During his two-hour speech, Velarde mentioned only once his objection to the efforts of allies of President Arroyo to amend the Constitution.

Critics of the present administration have repeatedly said that the supporters of Malacañang were bent on resurrecting the Cha-cha issue to extend the term of Mrs. Arroyo.

The rest of his speech was centered on the gift of healing and God’s desire to heal all those who are sick. But there was no mention of healing the country or the economy.

This further cast doubt on the El Shaddai plan to join the rally against Cha-cha this Friday. Observers believed that if Bro. Mike supports this action, last Saturday evening would have been the best time to encourage his members to go to Makati.

The organizers of the Dec. 12 rally included the United Opposition (Uno), the Association of Major Religious Superiors of the Philippines (AMRSP), NBN-ZTE whistleblower Rodolfo Noel Lozada and Bangon Pilipinas group of Bro. Eddie Villanueva.

It also seemed that even Velarde would not be present in the rally. He announced to the crowd that he would be in Bacolod on Dec. 12 and even told their members in the province to attend their gathering because he would bring the healing power.

An El Shaddai source earlier said that he believed that their leader would not be joining the rally. “I think Bro. Mike would not join the rally. It is not his habit to join rallies organized by other groups. If he feels strongly about an issue, he might hold a separate rally.” - With Elisa Osorio, Evelyn Macairan