THE leadership of the House of Representatives wants the measure proposing amendments to economic provisions of the Constitution to be treated like an ordinary piece of legislation.
Senior Deputy Speaker Aurelio Gonzales Jr. said the House Resolution of Both Houses (RBH) No. 7 can be passed like an ordinary bill because our “basic law does not say whether the House of Representatives and the Senate have to vote jointly or separately on Charter change.”
RBH 7 is the counterpart version of Senate RBH No. 6. The two measures are seeking amendments to the economic provisions of the 1987 Charter particularly on Articles XII, XIV and XVI, which pertain to public services, education, and advertising.
Both resolutions restate the provision of the Constitution that Congress may propose amendments “upon a vote of three-fourths of all its members,” but the Senate’s version added the phrase, “each house voting separately,” which Gonzales said is “unconstitutional.”
“Those four words are not in the Constitution. Our colleagues in the Senate cannot and should not insist on that language. I am not a lawyer, but that is unconstitutional, as lawyers would say. We in the House chose to be true to our basic law by quoting exactly what it says, no more, no less,” he said.
Rep. Jude Acidre (PL, Tingog), a deputy majority leader, said the House’s preference is to follow the mode proposed by the late constitutionalist Fr. Joaquin Bernas who had proposed a “fourth mode” in amending the Constitution, which is by treating the amendments like an ordinary piece of legislation.
He, however, acknowledged that only the Supreme Court will be able to rule on the manner of voting “as the final arbiter.”
“Ang voting separately, dinagdag po ‘yun ng Senado sa kung anong nakasulat sa Saligang Batas (The Senate just added ‘voting separately’ to what’s written in the Constitution),” he told a press conference. “We (in the House) stand with what’s written in the Constitution.”
Acidre said RBH No. 7 is “very faithful to the Constitution.” “Kinopya lang po natin doon, pagpapakita po na ang House ay sumusunod po sa pangkasalukuyang Saligang Batas ng bansa (We just copied it which shows that the House is following the Constitution),” he said.
Gonzales allayed fears that RBH No. 7 provides for a joint voting, pointing out that it does not specify the manner of voting and only quotes Article XVII of the Constitution.
Sen. Jinggoy Estrada on Wednesday said senators are not supportive of RBH No. 7, “which says that we have to vote jointly” since the upper chamber’s version of the measure calls for a separate voting on the amendments.
Gonzales, who is the principal author of RBH No. 7, said a bicameral conference committee will be held to harmonize the differing provisions of the two measures, just like what the House and the Senate do in passing an ordinary bill.
“So huwag po kayong mag-alala, basta ito po magkakaroon naman po tayo ng bicameral conference at we are in good faith, both houses. Sana po maipasa na natin ito basta may tiwala tayo sa isa’t isa (So don’t worry, we’ll have a bicameral conference, and we are in good faith, both Houses. We hope this gets passed, as long as we trust each other),” Gonzales said.
The proposed House and Senate changes are on the grant of legislative franchises to and ownership of public utilities in Article Xll, and ownership of basic educational facilities in Article XlV, and advertising firms in Article XVl.
The suggested principal amendments are the insertion of the phrase, “unless otherwise provided by law,” which would empower Congress to lift or relax present economic restrictions in the nation’s basic law, and the addition of the qualifier “basic” in Article XlV.
As for the Senate’s appeal for congressmen to listen to the statement of President Ferdinand Marcos Jr. that the Senate should take the lead on economic Charter reform, Gonzales said, “We heeded the President’s appeal the first time he articulated it early last month.”
“Nauna ang Senate sa pag-file ng RBH No. 6 last Jan. 15. Sumunod lang kami nung Lunes, when we filed RBH No. 7. Naka-dalawa o tatlong hearing na sila sa kanilang resolution (The Senate was first to file RBH No. 6 last January 17. We followed suit last Monday when we filed RBH No. 7. They (Senate) already had two or three hearings on their resolution) while we are to begin deliberations on ours on Monday,” Gonzales said.
“Clearly, as the President has desired, which desire we congressmen led by our good Speaker respect, it is the Senate that is taking the lead in proposing economic Charter amendments,” he added.
NO TO CHA-CHA
Senate deputy minority leader Risa Hontiveros yesterday urged the people to pray and be vigilant against Charter change moves and the resurrection of the people’s initiative (PI) to amend the Constitution.
Speaking before the Koalisyon Laban sa Cha-cha (Coalition against Cha-cha) ecumenical gathering in Intramuros, Manila, Hontiveros said Cha-cha through PI was pushed by a few individuals who supposedly have vested interests to serve as a smokescreen for the more pressing problems facing the country.
“Kaya tayo ay naririto ay para sabihin na sa ating dasal, sa ating mga boses, at sa ating lakas hahadlangan natin ang pagsusumikap nilang iyan. Yung pagsusumikap nila, hindi magtatagumpay (We are here to tell all of you that our prayers, our voices, our strength will serve as barriers against their attempts and they will fail),” Hontiveros said.
“Malinaw na ‘yung Cha-cha at ‘yung binuhay na naman na people’s initiative ng PIRMA ay nagsusulong lamang sa interes ng illan laban sa ating bansa. Sabi nga po, isang huwad na pangako na tayo lamang taong bayan ang mapapako muli (It is clear that Cha-cha and the resurrected PI by PRIMA [People’s Initiative for Reforms, Modernization, and Action] will only serve the interests of the few in our country. This is a fake promise that will backfire on the people once again),” she said.
She said Cha-cha and PI were used to divert the peoples’ attention on corruption in government, poverty, joblessness, rising prices of goods and services, and violation of human rights, among others.
She stressed that Charter change will not solve the country’s pressing problems.
Hontiveros said the fight against Cha-cha will not cease until the push for it completely stops.
“Kaya sa mga susunod na araw, linggo, buwan o taon, kung kinakailangan — ituloy-tuloy natin ang pagsasanib ng dasal, ng boses, ng ating lakas, para ipanalo ang mamamayan.
Hindi po tayong papagod magdasal, magbantay, at magpaliwanag (That’s why in the coming days, weeks, months, or maybe years, if needed, let us continue to pray together, let our voices be heard, let them feel our unity, so we can call win. We will not get tired of praying, of being vigilant, and guard against, and explaining),” she said.
The Koalisyon Laban sa Cha-cha — a coalition of church leaders, and religious and civic organizations —was launched on February 14 to urge the government to address the problems facing the country instead of pursuing amendments to the Constitution.
Aside from Hontiveros, the other members of the coalition include Kidapawan Bishop Jose Colin Bagaforo, Bishop Jose Milan, Caritas Manila Executive Secretary Fr. Antonio Labiao, Ging Deles of the Buhay ang EDSA Campaign Network, Minnie Anne Mata-Calub of the National Council of Churches in the Philippines, Joshua Mata of Nagkaisa Labor Coalition, and members of Anakbayan youth.
Bagaforo, who is the president of Caritas Philippines, rallied the people to shout “Noli Me Tangere” directed at those pushing for Charter Change.
“There are those wanting to change our history and our Constitution and erase the enshrined democratic principles of equality, moral integrity, patriotism, and nationalism in the 1987 Constitution. We must stand firm against any attempts to change the Charter,” he said.
“To our countrymen, our battle cry must be: No to Cha-cha! Saligang Batas, Noli Me Tangere!” he added in reference to the classic novel of national hero Dr Jose Rizal.
Instead of focusing on changing the Constitution, he said it would be better if government leaders will focus on addressing what really ails the society, which include ending hunger and poverty, creating better jobs and pushing for higher wages, providing affordable housing, ensuring quality education, preserving the environment, and protecting human rights.
“We pray that our leaders will not be led into the temptation of changing the Constitution for power and riches but instead be steadfast in fulfilling their duties and responsibilities as servant-leaders of the people,” said Bagaforo.
“We in the Koalisyon Laban sa ChaCha will continue to pray for every Filipino that they may continue to reflect and see through the smoke and mirrors of ChaCha,” he added.
Koalisyon Laban sa Cha-Cha’s prayer rally started with an ecumenical gathering comprising three parts, namely Panaghoy, Panalangin, and Paninindigan.
“It signifies the group’s collective call for discernment against any attempt to alter the Constitution that could undermine democratic principles and people’s rights,” said the group in a statement.
In Panaghoy, sectoral and community leaders highlighted the experience of the poor and their pressing concerns such as hunger, joblessness, climate change, and human rights.
During the Panalangin, priests, religious men and women, and pastors led the prayer and spoke about the ethical and moral concerns surrounding ChaCha, as well as the profound responsibility of every Christian to uphold our faith-based values and principles.
For Paninindigan, the group convenors laid out campaign plans and actions to raise awareness on Cha-Cha and defeat proposals to change the Constitution.
The participants also called out the Commission on Elections (Comelec) to junk the “fake” PI signatures that were submitted to the poll body.
The activity ended with the participants singing together to the tune of the iconic 1986 People Power Revolution song, “Magkaisa.” — With Raymond Africa and Gerard Naval