House drops Con-Ass plan
Posted by: Avigail Olarte | December 12, 2006 at 10:29 am
Filed under: Charter Change, Congress Watch, In the News
THE President’s allies in the House of Representatives are set to adopt today a resolution calling for a constitutional convention, superseding an earlier resolution convening a constituent assembly.
After a meeting with the members of the ruling coalition yesterday, House Speaker Jose de Venecia announced that they had also agreed to forego the three-day deadline imposed on the Senate. The House majority over the weekend gave the Senate 72 hours to agree to the constitutional convention option or else the Lower House will proceed with the constituent assembly scheduled to begin today.
“We’re not giving them any ultimatum…just to expedite their response to our appeal or call for a ConCon (constitutional convention). And their response should be really much faster as expected,” de Venecia told reporters yesterday.
House Majority Floor Leader Prospero Nograles yesterday filed a motion suspending the constituent assembly “until such time they may be set for a later date by the House, to enable the House members to deliberate on the option of a constitutional convention to act on Charter change in accordance with the majority consensus toward accommodating the sentiments of the various sectors of society.”
This is the second time that administration allies have backtracked on their earlier pronouncements, yielding to pressure from various groups protesting the “hastily adopted” resolution calling for a constituent assembly and the 72-hour deadline imposed on the Senate.
“To my mind, the strongest argument against charter change is the behavior of the present House of Representatives. That is the mirror of what could happen if we were to move to a parliamentary system now,” Fr. Joaquin Bernas, S.J. said during the Senate committee hearing held yesterday.
Bernas, a member of the 1973 constitutional convention, said the best way to address the present issue is to ask the people if they want a constitutional convention. He however maintained that there was no urgency in writing a new charter since “the atmosphere is not ripe for serious changes in the constitution.”
Former Supreme Court Justice Vicente Mendoza, one of the speakers invited to the Senate hearing, also said that “the times do not seem propitious for amending the constitution.”
“There is so much partisan strife, which is the enemy of calmness and sobriety needed for serious business as the amendment or revision of the constitution,” Mendoza said, adding that amending the charter can perhaps be postponed until after the May 2007 elections.
Mendoza said the May elections could also be held as a referendum “on whether change is desired by the people and how this should be effected.”
Former Commission on Elections chair Christian Monsod also suggested, as prescribed under Article XVII of the constitution, that Congress, by a majority vote of all its members, may submit to the electorate the question of calling a convention. In the May election, the question whether there should be a constitutional convention could be included in the ballot, he said.
“If (Congress) cannot decide (which mode of amending the constitution it should take), then ask the people,” Bernas offered.
In a paper Mendoza submitted to the Senate committee on constitutional amendments, he said that should charter change be pursued, a constitutional convention would be “more feasible” than a constituent assembly.
“A constituent assembly will deal directly with proposals, and it is not unlikely that one House can vote down such proposals and terminate the life of the assembly,” he said, “On the other hand, in calling a constitutional convention, Congress will only be dealing with the necessity for such a call about which there may be a consensus, leaving the resolution of sticky problems concerning the merits of proposed amendments and/or revisions to the convention of specially elected delegates.”
Constitutional Convention
By general definitions, a constitutional convention is a gathering of delegates for the purpose amending or revising an existing constitution. Under our Constitution, the amendments proposed by the constitutional convention will be ratified by a majority in a plebiscite.
In the Philippines, a “Marcos-maneuvered” constitutional convention was held in 1973 that paved the way for the shift to a parliamentary form of government; this also allowed Ferdinand Marcos to stay in power beyond 1973. At that time, Marcos decreed the creation of citizens’ assemblies which “anomalously ratified the constitution,” according to reports.
The Supreme Court then, while it ruled in Javellana v Executive Secretary that the ratification of the 1973 Constitution by the citizens’ assemblies was invalid, Mendoza said it nonetheless dismissed the suits filed to enjoin the enforcement of the new constitution. The Court declared that whether the new constitution had come into force as a result of popular acceptance was a political question. Thus, there was no longer any “judicial obstacle to the new constitution being considered in force and effect.”
In a similar case, Mabanag v Lopez Vito, Mendoza said the Court likewise ruled that a proposal to amend the constitution was a “highly political function” by Congress and “therefore not subject to judicial review.”
This is where Mendoza’s arguments come in. He said that in the event that a constitutional convention should happen, the “theory of co-equality” should be applied.
This theory posits that a constitutional convention, when called into being, “becomes a coordinate branch of government.”
Mendoza, quoting the concurring opinion of Justice Enrique Fernando in Tolentino v. Comelec, said that as a co-equal body, the constitutional convention is subject to judicial review just like Congress. Fernando “rejected the contention…that the 1971 constitutional convention was a body sovereign not subject to the jurisdiction of the Supreme Court.”
“The legislature and constitutional convention alike are coordinate, there being no superiority of one over the other,” the court said.
Mendoza stressed that implicit in the Court rulings is the adoption of the theory of co-equality. Under this principle, any action taken by the administration-backed constitutional convention can be subject to judicial review.
Read former Justice Vicente Mendoza’s paper.
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[...] A consensus seems to be emerging: there is no longer time, if the rules will be followed, to adequately debate and propose a convention. The Senate isn’t at fault on this: it’s position was clear months and months ago, it was the House that ignored them. The PCIJ blog gives a backgrounder on proposals and past convention history. [...]
Many erstwhile advocates have now shunned concon altogether not because it is as flawed as, or more expensive than, any of the other modes available. The message is clear and simple: “Yes, it may be time to amend certain provisions of the fundamental law but we can’t allow this bunch of asslickers to do it. Not with this government.”
Unfortunately, Speaker de Venecia and his band of traditional politicians, do not realize that they are a major part of the problem not the solution to our country’s woes. Not only do the people not trust them, but the people abhor them. Apparently, De Venecia’s defeat in the 1998 presidential elections did not humble him enough nor have recent events made him aware that the national electorate does not want him to lead this country either as president or as prime minister. It is only in his district in Pangasinan where he manages to get elected.
Unfortunately for the political opposition and church leaders, the people’s patience with President Arroyo has not yet run out. House and Senate resolutions are not enough to stir the people and make them take to the streets again to exercise people power. President Arroyo and Speaker De Venecia are not yet detested enough for the people to want them exorcised from office. The people have more urgent, pressing and real concerns of daily survival to worry about.
Consider also that the Constitution is not something close and dear to the hearts of Filipinos. To many, it is simply a document or a subject in school. To them, it is not essential to existence. This is why Charter change does not have urgency. The Charter change debate has not yet reached the households, much less the dining table. The debate is confined to the newspapers, broadcast news and Internet blogs. Families do not yet realize how provisions of the Constitution can affect the quality of their lives.
It would not surprise me however if some daring elements of the military are again at work to find ways to remove President Arroyo from power. The aborted Con-ass House resolution must have raised some red flags of concern.
Things are still a long way from political upheaval or crisis proportions. By ordering the Con-ass train to stop, President Arroyo deftly avoided another debacle the likes of the Hello Garci episode. President Arroyo escaped from checkmate for now. Lucky her. Unfortunate for the rest of us.