Charter-change ball starts rolling

MANILA, Philippines — The House of Representatives voted last night to adopt a resolution convening Congress into a constituent assembly (con-ass) in preparation for work on a new Charter for a federal system of government.

Leyte Rep. Roger Mercado, constitutional amendments committee chairman and the resolution’s sponsor, said the measure would now be sent to the Senate for concurrence.

Earlier yesterday, Mercado said his committee was considering a draft federal Charter that would retain the Senate.

If the House con-ass measure gets Senate concurrence, Mercado said leaders of both chambers would set a schedule for the drafting of the envisioned federal Constitution.

Mercado refused to say what the House would do if the Senate refuses to convene as a con-ass.

On Monday, Sen. Panfilo Lacson filed a resolution asking the Senate to work on its own and propose Charter changes as a constituent assembly.

The House approved Joint Resolution No. 9 after a second roll call showed the presence of 186 of the 292 members.

Deputy speaker and Cebu Rep. Gwen Garcia, who was presiding over the session, ordered the roll call after opposition Rep. Edgar Erice questioned the quorum.

Erice raised the quorum question while Mercado was answering questions from Anakpawis Rep. Ariel Casilao on the con-ass resolution.

After the quorum was established, deputy majority leader and Pampanga Rep. Juan Pablo Bondoc moved for the termination of debates despite objections from Casilao and other leftist and opposition members.

He followed the motion with another for the approval of the con-ass resolution, which Garcia put to a voice vote, ignoring interventions from those opposed to con-ass.

The presiding officer then announced the adoption of the resolution and promptly adjourned the session.

Answering questions from Casilao, Mercado said it is the position of the House that voting in con-ass should be joint and not separate.

“The Constitution is clear on this: that amendments may be proposed by Congress by a vote of three-fourths of all its members,” he said.

Casilao said if voting is done jointly, senators would not agree to convene a con-ass even if they want Charter change, as “their votes would be overwhelmed by the votes of House members.”

Mercado also said con-ass could finish writing a federal Charter that could be presented to the people for ratification in a plebiscite to coincide with the barangay elections in May this year.

“If there’s a will, there’s a way,” he said. Casilao and his leftist colleagues later denounced the “railroading” of the adoption of the con-ass resolution in a press conference after the voting.

“We condemn the latest act of the House leadership to railroad this proposal,” Rep. Antonio Tinio of party-list Alliance of Concerned Teachers said.

“This is again in total violation of the House rules. They immediately closed the interpellation without even going to the debate,” he pointed out.

“As you saw, our attempts have been blocked. And we condemn this,” he said.

With Tinio aside from Casilao were Reps. France Castro of party-list ACT, Carlos Isagani Zarate of Bayan Muna, Emmi de Jesus and Arlene Brosas of women’s group Gabriela and Sarah Jane Elago of Kabataan.

Senate to stay

Earlier, Mercado told his panel that a federal assembly – based on recommendations from one of his subcommittees – would replace the present Congress but it would still be a bicameral legislature with a House of Representatives and a Senate.

“House members will continue to be elected from legislative districts while three senators will be elected from each of the proposed five states, which are Luzon, Visayas, Mindanao, Metro Manila and the Bangsamoro region,” he said.

He said the fear of senators that the House would abolish their chamber through Charter change (Cha-cha) is baseless.

“As they can see from these recommendations, we are retaining them. We can even have 24 nationally elected senators and three from each of the five states, for a total of 39 senators,” he said.

In fact, the Senate would not only be retained; incumbent senators, including those whose two consecutive terms are expiring next year, would also automatically sit in an interim parliament along with the present members of the House, including party-list representatives.

Mercado indicated that the elections next year would be cancelled.

Incumbent senators and congressmen “will comprise the interim parliament until first election under the federal Constitution on the second Monday of May 2022,” he said.

He said party-list seats would also be retained in the envisioned federal legislature.

He said the federal government would be led by a president “who will have a ceremonial role with some powers on foreign affairs and a prime minister who will serve as the head of government.”

The president would be elected nationally for a term of office of five years with one reelection, while the prime minister would be elected by parliament from among its members, he said.

He pointed out that it is the prime minister who would choose Cabinet members.

Until the first election in 2022, President Duterte would serve both a president and prime minister, while Vice President Robredo would continue discharging her functions under the present Constitution, Mercado said.

He said in the level, there would be a “premier” assisted by a Cabinet chosen by him and a state legislative assembly.

The present structure of local government units – from the barangay to the provinces – would be kept and the term of office of local officials would be lengthened from the present three years to five years with one reelection to jibe with the tenure of the president and federal assembly members, he said.

He stressed that these are just the proposals of his committee.

“The final decision rests with the House and the constituent assembly, which of course could entertain other variations,” he said.

It is not clear in the committee’s draft Constitution if Duterte could still run for president in 2022, but some committee members said he could, since there would be a new Charter.

Reps. Alfredo Benitez of Negros Occidental, Aurelio Gonzales Jr. of Pampanga and Eugene Michael de Vera of party-list group Arts, Business and Sciences are proposing the formation of at least 18 states out of 17 existing regions, plus the Bangsamoro area.

Negros Oriental Rep. Arnulfo Teves said there would be no significant change in the present system of government if the committee recommendations were adopted.

“I prefer a unicameral parliament for faster legislation,” he said. Teves said the proposal to have a state premier, Cabinet and legislative assembly while keeping the existing political structure in the provinces, cities, towns and barangays “adds one more layer of governance.”

“We are bloating and complicating and not simplifying it,” he added.

Leyte Rep. Vicente Veloso suggested that the committee look into the parliamentary form of government tried by the late president Ferdinand Marcos.

“It was a simple system, with a strong president assisted by a prime minister. Members of parliament were elected by regions and most Cabinet members came from parliament,” he said. 

Bicam model

Senate President Aquilino Pimentel III said the Senate and the House of Representatives may separately draft amendments to the Constitution and later meet to reconcile their differing provisions.

Pimentel has in mind the practice of both chambers of Congress to form a bicameral conference committee whenever they need to reconcile conflicting provisions of their respective versions of a bill they have approved.

“(We’ll use) the bicam mechanism. I made it clear that the understanding of the Senate is that we’ll (two chambers) be voting separately,” Pimentel told reporters hours before the House vote.

He stressed even proposals of amendments would be done separately. He said three-fourths vote of members of the Senate are required for any amendment to be passed in the chamber.

“When the bicam is convened, and there is now a harmonized version (of the proposed amendments), we’ll go on three-fourths votes again separately,” he said.

“Any revision of the Constitution, no matter how sweeping, should not alter the bicameral nature of the national legislature, as this would effectively abolish the Senate,” Sen. Sherwin Gatchalian said.

“Throughout the highs and lows of our political history as an independent and democratic republic, the Senate has served as a critical check and balance against executive power,” he said.

He said the national constituency of the upper chamber has allowed it to consider legislation from the macro point of view, “ensuring that programs of government will ultimately benefit our society as a whole and not just the chosen few.”

He said the Senate is an integral part of the democratic republic and a “fundamental institution of liberty and justice, which must endure in its mission to serve the people.” – Delon Porcalla

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