‘Elections first, Cha-cha later’

Sen. Richard Gordon called on the House of Representatives to defer plans to pursue Charter change until after next year’s midterm elections.

Gordon said he would even participate in the constituent assembly (con-ass) currently being pushed by administration lawmakers, if this is done after the elections.

According to Gordon, the right time to hold the con-ass is after the May 2007 elections, when members of Congress would have won a fresh mandate.

Sen. Edgardo Angara also said Charter change advocates will have the perfect opportunity to renew their call on a new Congress.

Gordon said efforts to unilaterally convene Congress without the Senate into con-ass are bound to fail.

"It (con-ass) will move forward if the senators are included, and the voting is done separately," Gordon said. "If they do this on their own or with just a few senators, then this would fail."

Gordon and Angara maintained that the voting on the proposed amendments to the Constitution under the con-ass should be done by separate houses of Congress.

Gordon noted the claims made by Surigao del Sur Rep. Prospero Pichay, who said 194 congressmen have already signed a resolution pushing for con-ass.

The same threat was issued by Speaker Jose de Venecia Jr. who accused senators opposing Charter change initiatives of being "trapped in that political rot."

Charter-change advocates, however, found a lone ally in the Senate in the person of Sen. Miriam Defensor Santiago, who argued con-ass needs only the participation of any number of senators to comply with the constitutional requirement of three-fourths of all members of Congress.

With a total membership of 259 lawmakers in Congress, Santiago said con-ass could be realized with just 194 members coming from both chambers.

Santiago claimed she would be joined by Senators Manuel Lapid, Ramon Revilla Jr., Juan Ponce Enrile and Angara in the constituent assembly.

Gordon, however, emphasized that even with the participation of some senators, the voting must be done separately by the two legislative chambers.

Gordon warned the issue would open another legal controversy before the Supreme Court.

Angara also disputed the interpretations of administration allies in the House that they could do it alone without the Senate.

"That is the House’s literal reading of the three-fourths vote requirement for the proposal. The big error in this argument is that Congress must first of all be convened as a constituent assembly," Angara said.

"In other words, Congress must be on a constitution-making mode, rather than merely in a law-making mode," he pointed out.

Angara said he would support all Charter-change initiatives, even through con-ass, as long as it is done properly.

"I myself am for Charter amendment through a constituent assembly but it must be convened properly. That means both houses voting separately and not treating the Senate as a mere number," he said.

Angara said moves to unilaterally convert Congress into a con-ass are inherently weaker and flawed compared to the people’s initiative petition that was turned down by the Supreme Court last month.

‘Simple math’

Administration congressmen led by Pichay, however, insisted there is "constitutional basis" in unilaterally pursuing con-ass.

Pichay pointed out the provisions of the 1987 Constitution on con-ass simply involved a "simple mathematical equation, which is addition."

"The Constitution merely says a vote of three-fourths of all members of Congress. It did not say three-fourths of the Senate members and three-fourths of the House members. But to make con-ass palatable, we would include the Senate," he said.

Pichay said the Constitution has set a minimum requirement for a con-ass to be successful.

"Once we’ve met the minimum requirement of law, we will invite the senators but if they refuse to join us, then it would show they are the ones rejecting us. The law provides a definition that can be understood by ordinary Filipinos," he said.

Pichay pointed out the sheer number of congressmen who signed House Resolution 1285.

"Before, I was not confident about people’s initiative and so when the SC decision came out, I was not surprised about it. But with con-ass, I am confident that even our (SC) justices will see the provisions in the Constitution that serve as its basis," he said.

In an interview with the ABS-CBN News Channel , Pichay also disagreed with perceptions that time is running out on con-ass.

"We have all the time for con-ass. And this is not the time to divide the House. We should be united in this endeavor," he said.

He said lawmakers could deliberate on the issue before their Christmas break.

Pichay also expressed belief the SC, being a co-equal branch of the government, will not issue a temporary restraining order on Congress to stop con-ass.

Pichay said that what the House is actually pursuing is "not to amend the Constitution, but merely to propose amendments."

De Venecia, for his part, accused anti-Charter change groups of deceiving the people on the real issue behind initiatives to amend the Constitution.

De Venecia slammed critics for insinuating that leading administration lawmakers wanted to abolish the Senate.

"It is deception to say that we are pushing for the abolition of the Senate," De Venecia said.

"We are abolishing two Houses of Congress so that we can approve laws expeditiously," he stressed.

De Venecia said the main objective in proposing amendments to the Constitution is to remove the "traditional gridlocks" in the bicameral system and replace it with a single legislative body under the unicameral parliamentary system of government.

The LEDAC approach

Malacañang is trying another tack by bringing the issue up before the Legislative Executive Development Advisory Council (LEDAC) meeting on Tuesday.

Though members of the Cabinet themselves are apparently divided over the issue, Presidential chief of staff Michael Defensor said the focus is Malacañang’s commitment on political reforms.

Defensor expressed belief the LEDAC approach would be more fruitful in the presence of "friendlier" Senate President Manuel Villar.

Unlike his predecessor, Sen. Franklin Drilon, Villar made no adversarial statements against President Arroyo even during the height of resignation calls stemming from the cheating controversy in July 8 last year, Defensor said.

As Nacionalista Party president, Villar only urged Mrs. Arroyo to do some soul-searching.

"Definitely, Villar is friendlier even during the times of polarization," he said.

Defensor said this was the reason why the issue of Charter change would be discussed in the LEDAC meeting, which would be attended by major players in the government.

"There could be a collective agreement as to how to proceed, the steps to take to pursue Cha-cha," he said.

Defensor said many of the senators are not against Cha-cha, but only on the method of pursuing the issue.

He noted most senators are also supporting political reforms but the issue of the people’s initiative to pursue Cha-cha is just too much.

Former President Fidel Ramos earlier called on administration allies to review their efforts in pursuing Cha-cha and get their act together.

Ramos said Malacañang could still put up the issue before LEDAC meetings, which will be an opportunity to gather inputs from all major players in the government and the private sector.

On the other hand, Presidential Political Adviser Gabriel Claudio said Malacañang had not given up on Cha-cha despite the defeat of the people’s initiative at the Supreme Court.

He said efforts in Congress to have a con-ass would be a separate move from Palace initiatives over the issue.

"You cannot expect Malacañang to be at the forefront, singing the battle cry for it (con-ass). It is clearly the role and prerogative of Congress. But we will support it like what we did for the people’s initiative of Sigaw ng Bayan and ULAP (Union of Local Authorities of the Philippines)," he said.

Claudio said Mrs. Arroyo would continue to push for Cha-cha and the Palace would no longer dwell on the differing positions of Cabinet members, particularly that of Defense Secretary Avelino Cruz Jr., who criticized the people’s initiative for being constitutionally infirm.

"We cannot preempt Congress and the people. It should come from them," Claudio added. - With Aurea Calica