MANILA, Philippines — It seems there’s no stopping the Charter change (Cha-cha) express train launched by congressmen, even without senators on board.
In radio interviews, Speaker Pantaleon Alvarez said yesterday the House of Representatives would convene as a constituent assembly (con-ass) and work on a federal constitution even without the participation of the Senate.
He said the House could do Cha-cha on its own as long as it satisfies the constitutional requirement on the needed vote.
“The constitutional provision is so clear that it leaves no room for any other interpretation: that Congress, by a vote of three-fourths of all its members, may amend or revise the Constitution,” he said.
Alvarez insisted that such provision means that the House and the Senate should vote jointly and not separately on Cha-cha.
“We will count the members of the two chambers, then we will get three-fourths. If we have three-fourths, then we satisfy the requirement. If there is disagreement, the Supreme Court may resolve it,” he said.
He said if the Senate holds its own con-ass, “we will respect that, as long as they have the required vote of three-fourths of all members of Congress.”
On Tuesday, the House adopted a resolution for Congress to convene as a con-ass to draft a Charter that would shift the nation to a Federal System.
Senators hold the view that if they do not act on the resolution and do not agree on joint voting, the congressmen’s Cha-cha initiative would be dead.
They have threatened to expel any senator who would show up in a con-ass convened by the House.
Alvarez’s House colleagues supported his stand on joint voting on Cha-cha.
Isabela Rep. Rodolfo Albano III said any senator or concerned citizen who does not agree with the position taken by the House should question it before the Supreme Court.
“The ruling of the high court will educate all of us on this issue,” he said.
Rep. Albee Benitez of Negros Occidental said the people were aware of the provision on the required vote for any constitutional amendment or revision when they ratified the present Constitution in 1987.
“Their will should prevail over any contrary view, even one coming from any member of the commission that wrote the Charter,” he said.
Eastern Samar Rep. Ben Evardone said he was confident that the Supreme Court would sustain the House stand on joint voting.
“But we will most welcome the participation of senators in the constituent assembly. Their inputs are valuable and important. Con-ass is the most inexpensive and expeditious way of amending the Constitution,” he said.
If there were joint voting, three-fourths would be based on the total membership of the two chambers – nearly 300 for the House and 24 for the Senate. Three-fourths of 324 is 243. “We can muster that vote for Cha-cha,” Evardone said.
Meeting with senators
Alvarez said he would seek a meeting next week with Senate President Aquilino Pimentel III to discuss Cha-cha.
“We have to agree first on the structure of the federal government. Once that is settled, everything else will follow. The process will be faster,” he said.
He said Pimentel, as president of the administration party PDP-Laban, has to show up in con-ass and push for federalism “because that is the advocacy of our party.”
As for his desire to have a federal Charter submitted to the people for ratification in May this year, Alvarez said he and the House would be open to an adjustment if the timeline would turn out to be not achievable. Pimentel was eyeing ratification of the envisioned new constitution in 2019.
Another administration ally assuaged fears a federal government would only divide the nation and strengthen political clans’ hold on power.
A shift to federal system “will not involve a division of our national sovereignty, only functions previously held by the central government will be delegated to the states,” Abra Rep. Joseph Bernos said.
“Our sovereignty, I assure you will remain intact,” he said.
“We would need a Charter that centers around strong democratic institutions and will benefit the future generations of Filipinos – one that is for the protection of the welfare of the people,” he pointed out.
Bernos cited the constitution of the United States, which survived the test of time and helped the country achieve its superpower status.
“The provisions of the new Constitution must be progressive and must adequately address the issues in the long run,” he said.
The Abra lawmaker said a federal system in the Philippines should have more states “considering our diverse cultures and experiences in various areas, especially ours in the Cordilleras.”
He also said the House was right about voting for the convening of Congress as a constituent assembly.
“This is the optimal choice for amending the Constitution, given that your public officials are elected with a mandate from their constituents, and that they are bound by the public trust inherent in their offices,” he said. – Artemio Dumlao