Rody taps ex-CJ Puno, 18 others to review Charter

Senate, House leaders forge Cha-cha truce

MANILA, Philippines — As leaders of the Senate and the House of Representatives agreed to set aside their differences over Charter change, President Duterte appointed 19 of 25 members of a consultative committee tasked to review the 1987 Constitution, with former chief justice Reynato Puno as chairman.

Duterte signed the appointment on Wednesday before departing for India for an official visit.

Named to the committee were former Senate president Aquilino “Nene” Pimentel Jr.; former Supreme Court associate justices Eddi Mapag Alih, Antonio Nachura and Julio Teehankee; Victor de la Serna, San Beda Graduate School of Law dean Ranhilio Aquino, Virgilio Bautista, Rodolfo Dia Robles, Bienvenido Reyes, Edmund Soriano Tayao, Ali Pangalian Balindong, Laurence Wacnang, Roan Libarios, former Integrated Bar of the Philippines president Reuben Rabe Canoy, Arthur Aguilar, Susan Ubalde-Ordinario, Antonio Biñas Arellano and Randolph Climaco Parcasio.

It was not clear when the remaining six members would be announced.

The agreement between House and Senate leaders was reached during a meeting Wednesday night among Speaker Pantaleon Alvarez, Senate President Aquilino Pimentel III, House Majority Rodolfo Fariñas, and his Senate counterpart Vicente Sotto III.

Alvarez and Fariñas said they agreed with Pimentel and Sotto that they would first work on the proposed government structure and other constitutional provisions.

“Once we agree on such, we will then discuss the manner of doing it. We cannot obviously come up with a timetable without first agreeing on the proposed government structure and other constitutional provisions, and the manner of proposing such,” Fariñas said.

In a radio interview, Alvarez said they did not discuss whether the House and the Senate would vote jointly or separately.

He also stressed the election of 12 senators, nearly 300 congressmen, and thousands of local officials in 2019 would definitely push through.

“We will first tackle the details until we can put together a new Constitution. After that, it will not make any difference if we vote separately or jointly,” Alvarez said.

He had been vocal about his view that the two chambers should vote as one on any proposed amendment while senators insisted they should vote separately or the Senate would become irrelevant, since they could be easily outvoted by nearly 300 congressmen.

Alvarez also said their discussions were premised on forming a federal system of government.

“We are looking at some models, like that of the United States and Germany. The simpler the model, the better,” he said.

Cordial

Alvarez described the meeting as cordial, despite his word war with Pimentel and other senators on Cha-cha.

“The word war is only for the media,” he said, and that they would meet again with their Senate counterparts next week.

“Congress leaders have agreed to pursue the review of the 1987 Constitution by coming up with specific models and proposals in the form of actual constitutional provisions which hopefully could muster the required number of votes for these to be presented to the people in a plebiscite,” Pimentel told reporters late Wednesday.

“We agreed to shift the focus rather than debate on the mode. We will use our energies on coming up with specific proposals, which can possibly gain support from our respective chambers,” he later told ANC.

He said they discussed mainly the form of government under a new constitution including its economic provisions, but set no deadline for Charter change.

“So everything people are now talking about, we talked about during the dinner. It was just an exchange of ideas. Talking about the timetable is also pointless when we don’t have substance,” Pimentel said.

Sotto described the meeting as “cordial and fruitful.” When asked whether the clash between the Senate and the House was over, he said: “Yes.”

The meeting came after weeks of heated exchanges between members of the Senate and the House.

The House last week passed Concurrent Resolution No. 9 convening the chamber as a con-ass.

Alvarez earlier vowed that the House would proceed to convene as con-ass and approve amendments even without the Senate.

He argued that the Constitution simply said proposed changes to the Charter would need three-fourths vote of members of Congress.

Some lawmakers were also pushing for constitutional convention instead of a con-ass, saying the latter would likely serve the interests of sitting members of Congress like having their terms extended.

Welcome development

Alvarez’s House colleagues welcomed the truce with the Senate. Camarines Sur Rep. Luis Raymund Villafuerte, a federalism proponent, said the development would facilitate the planned shift to a federal system.

He called for a nationwide information campaign “to educate the public about the advantages and benefits of this system in pursuing the Duterte administration’s goal of inclusive growth.”

“The information campaign on federalism should start early this year so that the government would have enough time to educate the people about how this progressive form of government would be most beneficial for them, in terms of spreading the country’s economic gains to the countryside and raising rural incomes,” he said.

He maintained that shifting to the federal system “is the way to attain the President’s goal of ensuring equitable regional growth and countryside development under his zero to 10-point socioeconomic agenda.”

Isabela Rep. Rodolfo Albano III said as long as leaders of Congress are talking, “there is hope that the long overdue review of the 1987 Constitution could finally proceed.”

He said he has no doubt that the people would support President Duterte’s push for a shift to the federal system “given his record level of trust and popularity ratings.”

Deputy speaker and Batangas Rep. Raneo Abu said the Wednesday meeting was “a welcome development as far as pushing federalism is concerned.”

Reacting to the House-Senate agreement, opposition Rep. Teodoro Baguilat Jr. of Ifugao said he wished Filipinos “would realize how whimsical and frivolous the way our leaders are deciding on very important issues such as Charter change and the shift to federalism.”

His colleague Edgar Erice of Caloocan City said their leaders should consult the opposition in their respective chambers.

Former president Benigno Aquino III said he is open to having amendments to the Constitution to make it more relevant to the present times, but stressed there should be massive consultations and information campaign.

Wary

When told of the meeting that supposedly led to a truce between the two chambers, some senators said they would seek details from Pimentel before allowing themselves to be bound by whatever was agreed on by both sides.

“The Senate is a collegial body. The need for Cha-cha, the mode amendment, and related issues, are being heard by the Senate committee on constitutional amendments. It is best that we await the decision of the committee, and Senate itself, on these issues,” Drilon said in a text message.

Sen. Panfilo Lacson, who has been critical of House members pushing for term extension, said he would want to get more information first from those who attended the meeting.

Pangilinan stressed the Senate’s stand against the pressure from the House remains.

“I am certain my fellow senators would like to be briefed first by the leadership as to what was discussed in the meeting before we can commit to anything in this regard,” he said.

Sen. Antonio Trillanes IV said some of his colleagues would not just abide by whatever is reached between Pimentel and Alvarez – both from PDP-Laban.

“What happened last night was just an agreement between those who attended that meeting. The other senators have yet to agree with anything,” Trillanes said.

As House and Senate leaders reached a truce, a college dean yesterday asked the Supreme Court (SC) to resolve the question on whether the House of Representatives, on its own, could propose amendments to the Constitution.

“The Supreme Court, as the final arbiter of constitutional questions is called upon to resolve the constitutional issue on whether the House of Representatives alone may propose amendments to the Constitution,” University of Manila College of Law dean Arturo de Castro said in his 11-page petition for declaratory relief.

He also said it’s in the interest of the people that discussions on federalism continue, as he also lashed out at the senators for “dereliction of duty.” He said President Duterte had made it clear – even before he became president – that he would work for federalism.

“The people should not be denied their sovereign right to consider federalism just because the Senate refuses to cooperate, which is a clear dereliction of duty for which the senators are accountable to the people in the next elections,” he said.

Meanwhile, the Commission on Human Rights (CHR) has expressed concern over proposals to revise the free speech provision in the Constitution.

“The freedom of speech is a fundamental right,” the commission said in a statement.

“Most liberties that we enjoy today were products of voices that expressed dissent against abuses and inequalities, and were bold enough to demand accountability from erring authorities,” it added.

The CHR said the proposed inclusion of the phrase “responsible exercise” in the constitutional provision on freedom of speech is troubling.

“Not only is the current proposal vague in its definition of what ‘responsible exercise’ mean, but it also allows for the subjective interpretation of the phrase,” it said “A free, democratic society depends on the free exchange of ideas.

“Speaking truth to power and fighting for one’s convictions are both anchored on our ability to exercise this freedom,” it said. “But, at times, discourse may cause discomfort, especially when it starts to challenge oppressive norms that society has accepted to be a reality.” – Paolo Romero, Jess Diaz, Delon Porcalla, Evelyn Macairan, Janvic Mateo, Ghio Ong, Marvin Sy