SENATORS will kick off this morning its deliberations on proposed Resolution of Both Houses (RBH) No. 6, which seeks to amend three economic provisions of the 1987 Constitution.
The sub-committee on Constitutional Amendments and Revision of Codes, chaired by Sen. Juan Edgardo Angara, will convene at 10 a.m. at the Senate session hall to discuss RBH No. 6, which enjoins both houses of Congress to limit Charter changes to provisions related to public service, education, and advertising.
RBH No. 6 was filed by Senate President Juan Miguel Zubiri, President pro tempore Loren Legarda and Angara after President Marcos Jr. directed the upper house to spearhead the review of the economic provisions of the Constitution.
Sen. Sherwin Gatchalian, in an interview with radio dzBB, said senators will seek clarification from legal luminaries under what Charter change mode will their planned procedure fall.
The Senate and the House of Representatives have agreed to convene separately to discuss proposed amendments to the Charter, similar to the regular procedure in passing proposed bills.
If the President’s directive to Zubiri is observed, the House is expected to adopt the recommendations that the Senate will come up with.
Under the 1987 Constitution, its provisions can be amended through three means — constitutional assembly (con-ass), constitutional convention (con-con), and through a people’s initiative (PI). The Charter-mandated con-ass directs the two houses of Congress to convene as one and vote on the proposed amendments jointly.
Gatchalian said in jest that if the agreed procedure between the Senate and the House will be used, this may be the “fourth mode” of Cha-cha.
“But then again, depende na ‘yan sa sinong kausap kasi hindi naman sinabi ng Constitution na physically, we have to meet together (But then again, this will depend on the legal expert we will consult because the Constitution does not state that we have to physically meet together),” he said.
Gatchalian said they will likewise raise with the legal experts the Senate’s plan to increase to three-fourths of the sub-committee’s members the required number of votes to approve the proposed revisions. Ordinary measures only need 51 percent of all committee members to be approved.
“Kasi nga hindi pa nagagawa ito in the past, wala pang sample… May school of thought na kailangan physical mag-convene, pero pinaka-maganda dito ay nag-agree na conceptually ang Kongreso at Senado na hind physically magko-convene. Ang pinaka-importante dito ay yung three-fourths votes. So, boboto sila three-fourths, at boboto kami three-fourths, aprubado na. Tandaan natin ang ordinaryong batas, majority lang, 51 percent (This has not been done in the past, we do not have a sample yet…There is a school of thought that we need to physically convene, but the good things is that both houses of Congress conceptually agreed that we do not need to physically convene. The most important thing here is the three-fourths votes. They need three-fourths votes, we need three-fourth votes to approve it. Remember that in ordinary measures, we just need majority votes, or 51 percent),” Gatchalian said.
Gatchalian stressed that Cha-cha talks can proceed smoothly if both houses will stick to the “gentleman’s agreement” that they will vote separately and that there is no need to physically convene as one body.
“Of course, baka ‘yung iba naming kasamahan baka may ibang opinion at ‘yan din ang itatanong namin bukas… sa mga constitutionalists. Pero sa pakikipag-usap ko sa mga dalubhasa, talagang sinasabi nila wala pa kasing test, wala pa kasing paggagayahan ito. Wala pang jurisprudence. Kaya ang pinakamahalaga dito may pag-uusap ang dalwang kapulungan, hindi sila magbabangayan, at ito ang modality na gagawin nila para sa pag-amyenda ng Constitution
(Of course, maybe my colleagues will have different opinions, and we will clarify that [today] with the constitutionalists [resource persons]. But legal experts I have talked with, they are really telling me that this has not yet been tested, there is no template, there no jurisprudence. That’s why the most important thing here is that both houses of Congress should talk, let cooler heads prevail that this is the modality that we will use to amend the Constitution),” he said.
PEOPLE’S INITIATIVE
Angara and Sen. Ronald dela Rosa on Saturday said Zubiri has asked senators to hold a “ceasefire” in the verbal tussle with the House since the issue over the people’s initiative (PI) campaign “has become too hot.”
“He (Zubiri) told me, things are getting hot, maybe Congress will be too distracted if the exchange of words continues. As long as we are on the issue and we’re not being personal, I think there is no problem,” said Angara.
But yesterday, Gatchalian said the word war between the Senate and the House would not have happened if the PI signature campaign, where it is stated that both houses will vote jointly, was not pushed allegedly by the congressmen.
He said the PI signature campaign was not in their radar when Congress went on its Christmas break and they were surprised to learn about it when sessions resumed last January 22.
“Nung merong nang umiikot na people’s initiative, ito ay para tanggalin ang check and balance, ang pagbalanse ng ating system. Doon umalma ang mga senador dahil naman tama na isang Kamara lang ang made-desisyon para sa kinabukasan ng ating bansa (When the people’s initiative started moving around, we learned that it would take away the checks and balance in our system. That is when the Senate opposed it because it is not right that only one chamber will decide for our country’s future),” he added.
House Majority Leader Manuel Jose Dalipe said senators should be the ones to stop their allegations against congressmen if they really want the word war between the two houses of Congress to end.
Dalipe said senators were the ones who “started it when they hurled baseless accusations against us on the people’s initiative (PI), to which we just responded.”
“It is they who should end it for the good of the country and our people. We should refocus our attention on the urgent task that we have to do,” he said in a statement.
“‘Pag sinabing ceasefire, sana ceasefire na talaga (When they say ceasefire, we hope it’s really a ceasefire). We should be buckling down to business,” Deputy Speaker David Suarez of Quezon pointed out as he noted that Dela Rosa was among those who participated in the hearing of the Senate Committee on Electoral Reforms and People’s Participation last Friday in Davao City.
Dalipe reiterated his appeal to the Senate to stop its inquiry into the people’s initiative signature campaign for Cha-cha, which senators believe is the handiwork of congressmen.
He pointed out that the Commission on Elections (Comelec) has already decided to refuse accepting signature sheets and to return these to PI proponents.
The Senate Committee on Electoral Reforms and People’s Participation chaired by Sen. Imee Marcos last Friday held a hearing in Davao City on the PI signature campaign.
The House leader stressed that not a single witness admitted in the two Senate hearings that money was given in exchange of their signature. — With Wendell Vigilia
