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Outrage starts to swell vs Con-ass move

By Angie M. Rosales

11/24/2008

The outcry against House of Representatives’ move to tinker with the Constitution sounded louder yesterday with senators expressing belief that the efforts of House allies of President Arroyo were perceived to be unconstitutional.

The chairman of the upper chamber’s committee on constitutional amendments, revision of codes and laws himself yesterday issued the stern warning against congressmen against railroading the bill seeking to convene Congress, effectively bypassing the Senate, into a Constituent Assembly (Con-ass), stressing its unconstitutionality.

Sen. Richard Gordon said such plan faces outburst of public indignation should they attempt anew to circumvent the law to introduce changes in the 1987 Constitution.

“I strongly warned House Speaker (Prospero) Nograles against his colleagues’ moves to bypass the Senate in their attempt to railroad Charter change. If they truly represent the people and feel their sentiments, they should not tinker with our Constitution at all,” he said, in reaction to reports that the lower house leader already go signal to his colleagues to proceed with moves to initiate amendments or revisions to the Constitution.

Evangelist and former presidential candidate Bro. Eddie Villanueva also described the move to amend the 1987 Constitution through a constituent assembly an “act of the devil” and its pursuit could lead into a national suicide that would plunge the Filipino nation into “an era of unmitigated and total chaos, darkness, and instability.”

In a statement, Villanueva, said the current moves of congressional leaders to amend the Charter reflected what he regarded as unrestrained greed to perpetuate one’s self in power and a wanton disregard to the voice of the Filipino people.

“We could see that the devil has gone to their heads. In 2004, they stole the election from its rightful winner. Now, they want to remain in power,” said Villanueva, who also warned congressional leaders that tinkering with the Constitution could earn them the wrath of the Filipino people.

“Changing the Constitution at this time is not only divisive and ill-timed, but also incendiary when our people are hard-pressed with the skyrocketing prices of commodities and the deleterious effects of the global financial crisis on them,” he added.

Article XVII, Section 1 of the 1987 Constitution provides that any amendment to – or revision of – the Constitution may be proposed by the Congress upon a vote of three-fourths of all its members.

“This constitutional provision should not be misconstrued as a provision where both Houses of Congress vote jointly. The Constitution, the fundamental law of our land, is very clear as when Congress may vote jointly, and this excludes Charter change,” he said.

Gordon noted that only in cases of declaration of martial law can both Houses of Congress vote jointly, otherwise, they vote separately in cases, like the declaration of war, deliberation of foreign treaties and most importantly, proposal to alter the Constitution.

“We will not allow the Senate’s voice – and vote – on the matter of Charter Change be diminished or laid aside,” he said, insisting that the Upper and Lower House of Congress can legally and constitutionally vote separately on the issue of Charter change.

Gordon said he wants the issue of changing the Constitution as “an election issue” so that the move to alter it after May 2010 would be free from suspicions and any political vested interest of the President and other incumbent officials.

“Right now, it is not the time. We should instead focus our energies and attention on the problems confronting us, especially on the impact of the global financial crisis. We cannot remain divided at this time as a nation and as a people,” he added.

Gordon joined the ranks of Minority Leader Aquilino Pimentel Jr. and Sen. Pia Cayetano in chastising Malacanang and its allies in pressing anew efforts to effect Charter change (Cha-cha).

Cayetano, also yesterday, noted that the timing chosen by proponents to revive efforts to change the 1987 Constitution couldn’t have been worse as the global economy reels from an unprecedented financial crisis.

“With our major trading partners grappling with recession, the domestic economy faces a lot of uncertainties in the months and years to come. The repercussions would ultimately affect local businesses, employment opportunities here and abroad, and the quality of life of ordinary Filipinos,” Cayetano said.

One urgent concern for Congress, she stressed, would be to push for major realignments in the proposed P1.42-trillion national government budget to finance funding shortfalls in health and education, cushion the impact of the crisis on agriculture and small and medium enterprises, and provide alternative livelihood for dislocated workers, including overseas Filipino workers.

She said the proposed national budget was crafted by the Executive based on premature assumptions that the economy would expand and government collections would rise substantially next year, without factoring in the effects of the global economic slowdown.

“Pursuing changes in the Constitution and the form of government couldn’t have come at a worse time. Malacañang and the House leadership are clearly out of sync with reality, hopelessly consumed with the obsession to extend their terms as the 2010 national and local elections approaches.

“They should abandon this latest plot and instead focus on measures to alleviate poverty and extend support to economic sectors most vulnerable to the crisis, such as exports, business process outsourcing and agriculture,” she said.

Cayetano added that recent news about mass layoffs affecting overseas OFWs and call center agents should already rouse lawmakers who seem more concerned with gathering signatures to support a bogus resolution to convene Congress into a Constituent Assembly even without the participation of the Senate.

She said the Constitution requires a three-fourths vote of Congress to convene into a Constituent Assembly. This would entail the approval of at least 168 House members and 15 senators, voting separately.

Pimentel, on the other hand, expressed confidence that the Supreme Court will correctly and satisfactorily resolve the issue of whether the Senate and House of Representatives should vote jointly or separately on amendments to the Constitution if and when it is brought to the tribunal.

Pimentel said he saw no reason why the l5-man high tribunal will not uphold the position, based on the bicameral nature of Congress, legislative tradition and the intent of the framers of the Constitution, that the Senate and the House should vote separately on any and all amendments.

He dispelled the apprehension that the SC will decide on the controversy in favor of the position taken by the administration – for the two chambers of Congress to jointly vote on amendments – just because it is now dominated by justices appointed by President Gloria Macapagal Arroyo. Such apprehension has heightened with the compulsory retirement of seven members of the tribunal next year, all to be replaced by Arroyo appointees.

It was reported that no less than the President’s eldest son, Pampanga Representative Juan Miguel “Mikey” Arroyo, was spearheading the signature drive for congressional representatives to sign the resolution for Congress to amend the Charter through constituent assembly.

Dwelling on the conspiracy angle, Villanueva said that what the nation was witnessing was a repeat of the events that led to the ouster of then Speaker Jose de Venecia.

“This is a repeat of the events leading to the ouster of Speaker Joe De Venecia. First, there was the superficial denial and then the behind-the-scenes manipulation and then finally the swift execution,” Villanueva said.

“The members of the Supreme Court know that the Constitution provides for two houses of Congress, not only one. I believe that they will resolve the issue on the basis of the interest of the nation and what is right according to the wording, it not the spirit, of the Constitution,” the minority leader said.

“I have great hope that being lawyers, they are supposed to know what is right or wrong within the context of the Constitution. And what is right will prevail over their loyalty to the appointing power.”

Pimentel said he does not think that that the Supreme Court will be swayed into toeing the administration line on this constitutional question “even if you assume that all the justices will at that point be appointed by President Arroyo.”

He said his faith in the independence and fairness of the high court has been strengthened when it invalidated the Memorandum of Agreement on Ancestral Domain between the government and Moro Islamic Liberation due to its patently unconstitutional terms and conditions such as the ceding away of part of the national territory and certain sovereign rights of the republic (such as representation in the United Nations and other international organizations) to a rebel group to be called BangsaMoro Juridical Entity

Only last week, Pimentel said the high court also voided the laws elevating l6 municipalities to city status for failing to comply with the minimum income requirement under the amended Local Government Code.

“In fact, I am happy with the Supreme Court’s decision in the case of the invalidation of the elevation of the l6 municipalities into cities. I think the Supreme Court acted within the rule of law. And that is how it should be,” he said.

“The initiative to amend the Constitution through a constituent assembly is a conspiracy against the Filipino people and its initiators should know that they are leading the nation to a national suicide,” said Villanueva.

Instead of tinkering with the Constitution, Villanueva said Congress should focus on its lawmaking chores instead, including the enactment of major pending bills like the Freedom of Information Act of 2008.

“Despite the negative approval rating, rampant graft and corruption, worldwide financial crisis, this government, which has kept on urging detractors to stop negativity and focus on the problems of the nation, is hell-bent to perpetuating itself in power at the expense of the true will of the people,” Villanueva said.

“To now seek to amend the basic law of the land to fit draconian ambitions of selfish interests is not only immoral, but a travesty of decency,” Villanueva said.

Villanueva stressed he expected the Filipino people to oppose the initiative, saying they would rise again as one to reject the very people, who keep on exploiting this country through chicanery and corruption.

As alternatives, Villanueva said: “Rather than be so fixated to extend their expiring terms, Congress should focus in approving legislation that will help farmers, fishermen and the agricultural sector. This is what our nation needs to strengthen in the midst of severe financial crisis – food production.”

Villanueva also urged Congress to act on several key bills like the Freedom of Information Act to ensure accountability and good governance. “Until now it is languishing in the Senate but needs to be approved as soon as possible.” Villanueva said.

to reports that the lower house leader already go signal to his colleagues to proceed with moves to initiate amendments or revisions to the Constitution.

Gordon joined the ranks of Minority Leader Aquilino Pimentel Jr. and Sen. Pia Cayetano in chastising Malacanang and its allies in pressing anew efforts to effect Charter change (Cha-cha).

Dwelling on the conspiracy angle, Villanueva said that what the nation was witnessing was a repeat of the events that led to the ouster of then Speaker Jose de Venecia.

“To now seek to amend the basic law of the land to fit draconian ambitions of selfish interests is not only immoral, but a travesty of decency,” Villanueva said.