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House body to hold exploratory talks with Senate on charter change

Committee Source: CONSTITUTIONAL AMENDMENTS

AMID endless discussions concerning various legislative proposals to amend the 1987 Philippine Constitution at the Committee on Constitutional Amendments, House Speaker Prospero Nograles, who attended the committee?s recent meeting on the matter, provided the needed direction.

Referring to Senate Joint Resolution No. 10 filed by Senator Aquilino ?Nene? Pimentel, Jr., the House Speaker stated that the Committee and the House of Representatives as a whole are confronted with two issues. First, whether to agree to the calling of a constituent assembly as a mode of changing the constitution and second, whether to agree to the proposed shift from unitary to a federal system of government.

He suggested to the Committee that before considering the said issues, it would be prudent to hold informal, exploratory talks with its Senate counterpart to lay down the ?rules of engagement.?

This manner of backroom channeling is a faster way of fine tuning details before the House and the Senate come up with their respective positions, Speaker Nograles said.

Meanwhile, Representative Victor Ortega (1st District, La Union), the Committee chair, said that this is an opportune time to open the door to discussions on charter change especially since this has been initiated this time by the Senate, which used to oppose the move.

There are currently eleven legislative measures, all proposing amendments to or revision of the Constitution, referred to the Committee for its consideration. These measures vary in terms of the mode of amending or revising the Constitution ? either through a constitutional convention, constituent assembly or people?s initiative. Some of the measures only propose the amendment of specific provisions.

Rep. Antonio Cuenco (2nd District, Cebu City) expressed his skepticism over the proposed dialogue with the Senate saying that this was the same approach made by the House in the previous Congress but had not been fruitful. He said that the Senate was firm in its stand of amending the Constitution through a constituent assembly with the Senate and the House voting separately.

Speaker Nograles pointed out that things have changed since the 13th Congress when the Senate at that time was in a ?self-defense? mode. It was because, the Speaker said, the proposal then was to abolish the Senate and shift to a unicameral assembly and that Congress would vote jointly on the matter.

Senate initiative

The Speaker also said that since this charter change initiative came from the Senate, critics could not accuse the House of promoting self-serving motives or of doing the same to benefit the administration or even extend the term of the President.

Reps. Roque Ablan, Jr (1st District, Ilocos Norte) and Mauricio Domogan (Lone District, Baguio City) concurred with the Speaker?s suggestion to create a House contingent to dialogue with the Senate to clarify matters regarding the proposed charter change.

Party List Reps. Liza Maza (GABRIELA) and Ana Theresia Hontiveros-Baraquel (AKBAYAN) sought the assurance of the Committee Chair that any agreement which may be arrived at during the dialogue will be exploratory and will not bind or commit the House.

Special committee

The Chair clarified that the special committee that will be created for the purpose will report to the Mother Committee and shall have no decision-making power. Likewise, as decided by the Committee, this special body will be composed of the Committee Members and authors of the measures present in the meeting including a contingent from the minority.

Responding to a question raised by Rep. Elpidio Barzaga, Jr. (2nd District, Cavite) whether the exercise of one mode of amending or revising the Constitution would bar Congress from exercising the other mode, Deputy Speaker Pablo Garcia (2nd District, Cebu) said that ?any of the three modes are available and not exclusive of each other.?

?There can be a constitutional convention and there can be, in the meantime, a constituent assembly to amend certain provisions of the Constitution,? he added.

?In the event that the House shall agree to this resolution of the Senate, are our hands tied or can we still propose amendments to the Constitution?? Rep. Barzaga asked.

The Chair mentioned that he had the opportunity to discuss the matter with Senator Pimentel and what he gathered was that the Senate expects the House to hear its position and the former, in turn, is willing to listen to the stand of the House.

Best time is now

Deputy Speaker Garcia maintained his long-held view that the best time to amend the Constitution is before the elections in 2010 because after that, the newly elected officials may no longer be inclined to do so. ?To wait until 2010 may be waiting for never,? he quipped.

Earlier, Reps. Roilo Golez (2nd District, Para?aque City) and Hermilando Mandanas (2nd District, Batangas) argued that a constituent assembly as a mode of amending the Constitution being proposed under several House legislative measures and even under Sen. Pimentel?s resolution is not provided for under the Constitution and the Rules of the House.

They opined that one of the modes of amending the Constitution is by way of ordinary legislation and not through a constituent assembly, which was never mentioned in the Constitution.

The Committee decided that the issue raised by the two lawmakers will be included in the informal talks with the Senate.

Con-con measures

The eleven measures on charter change under current deliberation by the Committee include House Bills 3473 and 3149 and House Concurrent Resolutions 3 and 17. Respectively authored by Reps. Carmelo Lazatin (1st District, Pampanga), Abraham Kahlil Mitra (2nd District, Palawan), Felix Alfelor, Jr. (4th District, Camarines Sur) and Ortega, the four measures call for a constitutional convention to propose amendments to, or revision of, the 1987 Constitution which shall coincide with the 2010 National Elections.

For people?s initiative

HB 2479, authored by Rep. Ablan, proposes amendments to this Constitution through people?s initiative. ?People?s Initiative? is the process by which the people are empowered to proposed amendments to a constitution upon compliance with constitutional and legal requirements.

For constituent assembly

HCR 15 and House Joint Resolution 14 both seek to amend the Constitution to establish a federal system of government. But while HJR 14 seeks to convene Congress into a constituent assembly for the purpose of revising the Constitution, HCR 15 provides for either of two modes, through a constitutional convention or a constituent assembly.

The first was authored by Rep. Monico Puentevella (Lone District, Bacolod City), and the latter was authored by Rep. Cuenco; Deputy Speaker Raul Del Mar (1st District, Cebu City); Cebu Representatives Eduardo Gullas, Benhur Salimbangon, Ramon Durano VI and Nerissa Corazon Soon-Ruiz; Bohol Representatives Edgar Chatto, Roberto Cajes, and Adam Relson Jala; Negros Oriental Representatives Jocelyn Limkaichong, George Arnaiz and Pryde Henry Teves; and Siquijor Representative Orlando Fua.

HJR 14 proposes the creation of 11 States out of the Republic namely: the State of Northern Luzon, Central Luzon, Southern Tagalog, Bicol, MINPAROM (Mindoro Oriental and Occidental, Palawan, Romblon and Marinduque), Eastern Visayas, Central Visayas, Western Visayas, Northern Mindanao, Southern Mindanao and BangsaMoro.

Amending specific provisions

Meanwhile, HCR 13 authored by Rep. Golez proposes amendments to Section 8 and Section 9 of Article VIII (Judicial Department), transferring the power to appoint members of the Judicial and Bar Council (JBC), members of the Supreme Court and judges of the lower courts from the President to the Supreme Court acting en banc and reorganizing the JBC.

Rep. Mandanas filed three House Resolutions amending specific provisions of the Constitution. First is HR 548, which seeks to promote efficiency in governance by uniting the executive and legislative functions of government, amending Section 13, Article VI and Section 16, Article VII of the Constitution.

Second is HR 549, which seeks to strengthen local autonomy by creating more autonomous regions, amending Sections 1 and 15, Article X of the Constitution.

And third, HR 550 which proposes the extension of the term of office of local elective officials, except barangay officials, and members of the House of Representatives from three to four years and the synchronization of local and national elections, amending Section 7 Article VI; Section 8, Article X; and Section 2, Article XVIII.

Source: Committee Administrative Support Service, Committee Affairs Department