MANILA, Philippines — With senators in no rush to follow the House timeline on Charter change, the people’s initiative may be revived for amending the 1987 Constitution.
Surigao del Sur 2nd District Rep. Johnny Pimentel, vice chairman of the House committee on legislative franchises, said yesterday the possibility of Charter change through a people’s initiative remains alive.
“Yes, because if you remember, the people’s initiative was only suspended by the Comelec (Commission on Elections). The Comelec did not say it’s terminated or they will not accept it. Meaning the suspension can always be lifted,” Pimentel told “Storycon” yesterday on One News. “For me, the people’s initiative is still alive.”
He did not say directly if this was a common sentiment in the House of Representatives, where Speaker Martin Romualdez has admitted providing advice and support to the People’s Initiative for Reform, Modernization and Action (PIRMA).
But Iloilo 1st District Rep. Janette Garin also said recently that if the Senate acts slowly on Charter change, PIRMA’s people’s initiative could be a better option.
Pimentel told Storycon that the House does not intent to submit the Resolution of Both Houses No. 7, which seeks to amend the economic provisions of the 1987 Constitution, directly to the Comelec. Instead the House will follow procedure and forward RBH7 to the Senate, “for them to deliberate and concur with it.”
The Senate, however, has not set any date before the Holy Week break for tackling Resolution of Both Houses No. 6, which is the chamber’s version of economic Cha-cha.
Pimentel said if the House bypasses the Senate and brings RBH7 directly to the Comelec, it could be challenged before the Supreme Court.
If the House brings RBH7 to the Comelec, it will undergo a thorough study, according to Chairman George Garcia.
The Comelec chief said the poll body is obliged to receive and take action if RBH7 is submitted to the poll body.
“We will give enough time for every member of the en banc to study the petition itself. It’s not bad if we have a hearing to know and gather everyone’s opinion,” Garcia said in an interview on Thursday.
The poll chief said it is the duty of the commission to receive the petition to be filed by Congress.
“As to whatever is the action of the Comelec, I cannot say for now but we will study all of it,” he added.
According to Garcia, there is still a legal issue on whether the House of Representatives and Senate should vote jointly or separately on the proposed bill to amend the Constitution. He said it is premature to discuss the legal issue, considering that the petition is yet to reach the Comelec.
Garcia said that the submission of RBH7 will put the commissioners in a difficult situation, but the poll body will always perform its duties in accordance with the Constitution.
“And we will study it thoroughly. It’s something that cannot be hastily decided upon,” Garcia said.
He further noted even before Comelec could take action, a petition questioning the proposed measure may also be filed before the Supreme Court.
The high court, he said, will have the final ruling on the legal issue concerning the proposed Charter change. At this time, Garcia said there is still no set of guidelines governing the conduct of a national plebiscite for Charter change.
Since there is no precedent yet, Garcia said that whatever action the commission may take on the issue may be questioned before the Court.
Senate: No rush
The Senate will not be rushed into railroading the economic Charter change resolution, Sen. Grace Poe said yesterday.
“We have always taken into consideration the other chamber’s priorities but the Senate has never been in the tradition of railroading any measure,” Poe said.
“All bills are thoroughly debated and major stakeholders are respectfully consulted without exception,” she added.
“Whether it’s a constitutional amendment or a legislative franchise, the Senate prioritizes measures according to the needs of the country. The people set the deadline; we just listen,” Poe stressed.
The Senate targets to wrap up committee hearings when session resumes and bring it to the plenary before the sine die adjournment in May. It hopes to pass the resolution and file it with the Comelec by October, to give the poll body ample time to prepare for a plebiscite.
The Senate will not be tackling the economic Charter change during the recess from March 23-April 28. Hearings will continue when it resumes session from April 29 to May 24, according to Angara, who chairs the Senate committee on constitutional amendments.
Angara said the Senate has its own timeline and will not be pressured to railroad RBH6 after the speedy approval of the House of Representatives’ version of Charter change.
“It’s a good development in the House. But here in the Senate, we have our own schedule. We’re sticking to it,” Angara said.
“Move faster? No, we have our own schedule. We’re moving fast, but it’s not our only priority,” he added.
The senator admitted however the difficulty in mustering the needed 18 votes after three senators – Minority Leader Koko Pimentel, Risa Hontiveros and Cynthia Villar – voiced opposition to the measure.
Angara also said that he was confused by the statement of House Majority Leader Manuel Jose Dalipe that the approved House economic Charter change resolution would be forwarded to the Comelec for the holding of a plebiscite, instead of transmitting it to the Senate for consideration.
“I was confused with the statement to bring it directly to the Comelec. The right procedure is for the resolution to be transmitted to the Senate,” Angara said.
The House of Representatives will be sending the Resolution of Both Houses No. 7 to the Senate for its concurrence, Speaker Martin Romualdez said after approving the measure expanding the foreign equity for potential investors.
“With the approval of RBH7 on third and final reading, and its subsequent transmission to the Senate, we stand on the cusp of realizing a more open and robust economy,” Romualdez said in his closing remarks on Wednesday night.
'A turning point'
“This is more than just an economic imperative; it is a clarion call to action that resonates with the aspirations of the Filipino people for a more prosperous and secure future,” the president of the ruling Lakas-CMD party said, optimistic the Senate would follow suit.
The Speaker lamented that restrictive economic provisions in the Constitution have “hampered out full economic potential,” which is why they introduced RBH7 that they believe “paved the way and created a turning point” in the country’s history.
“It is a resolution poised to catalyze a new era of economic vitality and competitiveness for the Philippines,” Romualdez said. “It is a clear testament to our readiness to adapt to the dynamic global economy, ensuring that our legislative framework can swiftly respond to changing economic conditions while safeguarding our national interests.”
Surigao del Norte 2nd District Rep. Robert Ace Barbers, who was among the 288 who voted in favor of economic Charter change, told his colleagues on Wednesday that “no Constitution is cast in stone.”
“This is a testament to the fact that depending upon the circumstances, amendments may be induced to make our Charter attuned to the needs of the times. It’s been 37 years, I don’t see anything wrong if we allow foreign capital to manage some of our public utilities,” he said.
“Congress may only propose amendments. It is the people who would decide whether to accept them by ratification or reject them in a plebiscite called for the purpose,” Barbers added.
For his part, Tingog party-list Rep. Jude Acidre said the route the House is now taking is in line with the instructions of the Speaker, which is also based on what congressional leaders, along with President Marcos, have agreed where all parties have achieved a “common ground.”– Mayen Jaymalin, Marc Jayson Cayabyab, Elizabeth Marcelo