SENATE, HOUSE AGREE ON CHA-CHA: PALACE INSISTS CHA-CHA NOT PRIORITY
MANILA, OCTOBER 1, 2011 (TRIBUNE) Senate, House agree on Cha-cha By Angie M. Rosales, Charlie V. Manalo and Virgilio Bugaoisan - It took a Legislative Summit organized by the leaders of both houses of Congress to agree on amending the Constitution through a newly introduced mode that will enable the House and the Senate to vote separately, instead of jointly, as stated in the Constitution.
But Malacañang said it is not keen on pushing Charter change even if it is only to amend restrictive economic provisions but that it would not stop Congress if one or both chambers proceed in pursuing constitutional reforms.
Leaders of both chambers of Congress yesterday agreed, during the summit, to proceed separately on the manner by which to amend the economic provisions of the 1987 Constitution.
The Constitution is, however, clear on the modes by which Congress can amend or revise the Charter, and in both instances, the Charter states that both chambers must vote jointly, either with a three-fourths vote for Congress itself to introduce amendments, or two-thirds, or a majority, again voting jointly, to amend the Charter through a constitutional convention.
The leaders are in agreement to amend the Charter's economic provisions.
Senate president Juan Ponce Enrile said legislators agreed in the summit to first study the procedure that will be taken in amending the Constitution and that Congress will not likely tackle proposals to change the Charter this year.
"It is possible that Charter change will not be tackled this year because we have the budget hearing. We have a lot to consider although it is a priority but surely (this will be tackled) when we come back next year, he said.
He said Cha-cha has been jelling in Congress' mind for a long, long time. "We cannot proceed into really developing this country unless we relax the restrictions in the constitution to hasten the creation of jobs for the people," adding that the main purpose is to give our people the opportunity to have jobs. "That's the irreducible minimum and also wider investments in order to make ourselves attractive to the entry of foreign money. No country in the world has prospered without investments," he stressed.
Sen. Franklin Drilon said that in the course of the legislative summit, a position paper on the manner of amending the Constitution was submitted to both leaders of the Senate and the House, saying that which he has proposed is a bicameral constituent assembly.
Amendments to the Constitution will be studied through a bicameral constituent assembly where both chambers will vote separately, Drilon said of his proposal.
For the past several years, there have been various attempts to amend the Constitution, however it has not succeeded for various reasons, he said.
"First, there is always the fear that calling a constituent assembly or calling a constitutional convention, which are the two principal modes of amending or revising the Constitution, and will open the entire document to amendments and various sectors of society have feared that if this will allow parochial interests or vested interests to come in.
"Number two, we in the Senate have always been reluctant to agree to a constituent assembly because of the question of joint voting or separate voting, because again the Constitution at this point, allows or can be interpreted to mean that in a joint constituent assembly, each legislator will have one vote in which case, the House because of their numbers, will have their way and the senators fear that such situation this is not conducive to a check and balance. We will use the legislative process and law making procedure in amending the Constitution because on that point we will be exercising our constituent function through a bicameral assembly consistent with our bicameral legislature. We are glad that there is unanimity in this by no less than the Speaker of the House, who has expressed concurrence.
"This is the process that we are going to agree on, the committee that was formed consisting of Majority Floor Leader Gonzales and Majority Leader Sotto, together with the two chairmen of the finance and appropriations committee will now sit down just to push this further and submit a definite proposal at the next summit on the concrete steps that we will take in order to push this idea of having a bicameral constituent assembly to propose amendments to specific provisions of the constitution. It will not open the entire document to amendments. This is done in the United States. It will be that these proposals will be debated by both houses publicly. We will have committee hearings. We will be transparent. We will invite experts so it will be transparent and the fear that there will be some vested interests will be prevented. This is now the proposal that will be on the table. Both houses agreed that it will be a good start. This process will not only involve legislature but will also involve ratification. In other words, nothing is effective even if passed by both Congress. Nothing will be effective until ratified by the people. It is not a simple majority but — of the members voting separately in their own chambers. Assuming that we have agreed, it will be submitted for ratification and approval of the people. We will just follow the legislative procedure but all the substantive requirements of — vote and ratification will be followed to push this amendment.
Speaker Feliciano Belmonte, moreover, added it was agreed that holding a Legislative Summit is a good idea and that we should institutionalize it in the future.
Drilon added on his proposal that each senator and congressman is free to propose an amendment just like any legislation. It will be taken up in committee hearings or in the committee of the whole then afterwards a committee report is submitted. If there are disagreeing provisions passed by the House and the Senate, we will go to — voting of each chamber. We go to bicam. We now thresh out the differences. The bicam report will then be submitted to both chambers again — vote will be required. Afterwards, we go to ratifying. The consensus is that we will only touch the economic provisions of the constitution. We will not touch the structure of government . We will not touch the term limits just on the economic provisions.
Sen. Tito Sotto said the primary result of the first summit is that both chambers actually classified the listing of the 100 priority bills from both houses including the Ledac and the bills listed from the executive department. Then the second point is the issue on the economic points and the amendment to the constitution.
Under the bicameral con-ass, the Senate and the House will meet and vote separately on issues similar to the process of crafting laws. But unlike ordinary measures, amendments to the Charter would require ¾ votes from each chamber, voting separately.
"On third reading, the required number of affirmative votes is three-fourths of all the members of each chamber. Should there be differences in the versions passed by the two chambers, then a bicameral committee is formed to come out with a reconciled version, after which the same is voted again by each chamber by a three fourths vote of all its members," Drilon said.
"There is unanimity on this and this could be done," the Senator averred.
He however clarified that the Constitution will not be subjected to a major rewriting and only specific amendments can be introduced one at a time; that the check and balance between the two chambers is preserved and the deliberations will become more transparent; and that it is in keeping with the bicameral nature of the Congress as prescribed in the Constitution.
For his part, House Majority Leader, Mandaluyong Rep. Neptali Gonzales assured they would only touch the Charter's economic provision and would never tinker on the term limits of elected officials.
Enrile however admitted they have yet to inform Aquino on the proposal to amend the Charter.
In a press briefing with Malacanang reporters Thursday, Department of Budget and Management (DBM) Secretary Butch Abad said that President Aquino remains firm in his position that constitutional change is not "yet a priority" of his administration as he noted that the foreign investors are not really worried about the Constitution's alleged restrictive policies.
"As far as I'm aware I don't think the president's position has changed. He thinks the amendment of the Constitution at this time is not yet a priority. If you look at surveys of foreign investor in the country, if you ask question what changes are needed to make the Philippines investor- friendly, much of the measures adopted by the government is much important to them. Dealing with graft and corruption, deal with political instability, red tape, inconsistency of policies. These are things that bother foreign investors that's why the president, I believe, feels we should be addressing issues first before thinking of amending the constitution," Abad said.
He added however: "We do respect the prerogative and the independence of legislature in thinking this should be considered as priority. Other concern is everytime you start talking amending law of land you raise issue of stability of policy. People will speculate what to be amended. What extent , degree of economic provision will be amended. It raises issue of stability," Abad said.
At this point, Abad said, Aquino is more focused in making an "important turn on graft and corruption and setting in place institutions to promote good governance." Only after the president accomplishes these important tasks can he consider pushing for Charter change.
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Chief News Editor: Sol Jose Vanzi
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