Cha-cha pushed in Senate; hearings next month

Despite the odds, with President Aquino and the Senate leadership thumbing down discussions on Charter change (Cha-cha) at this time, Sen. Miriam Defensor-Santiago has set the ball rolling on the matter Cha-cha on the Senate, insisting on the need the determine the public pulse and the necessity, if there is indeed any, of amending the 24-year-old Constitution.

Santiago announced this move yesterday, the first day of the resumption of Congress’ regular sessions after the Christmas break.

Santiago, chairman of the committee on constitutional amendments, revision of codes and laws, emphasized that there is nothing to prevent her, whether in the existing laws or the Rules of the Senate from conducting public hearings on Cha-cha even if the Senate leadership already declared that a change in the Constitution is not among the upper chamber’s priority agenda, although Senate President Juan Ponce Enrile is for Cha-cha and believes the 1987 Charter must be changed.

Santiago dismissed opposition to Chacha aired by Aquino saying that “although he already said it is not one of the priorities of his administration, we must remember that he belongs to the Executive branch. His statements do not tie the legislative branch and the legislative branch always constitutes the majority of the senators and majority of the congressmen. So we will not know unless we have heard from the public. That’s precisely the nature of public hearings, to allow all stakeholders to give their piece on the matter,” she told reporters in a press conference.

She explained that her decision to bring up for public debate the issue on Cha-cha was prompted by the recently-delivered speech of the former Supreme Court Chief Justice Reynato Puno that now is the right time to amend the 1987 Constitution.

“As chairman of the committee on constitutional amendments, I have decided on my own initiative as allowed by the Senate rules of procedure to start a series of public hearings on proposed Charter change which in my mind will constitute revision, not a mere amendment of the Constitution. Revision will refer to the entire instrument or at least to all the major features of our Constitution.

“The important issue at this time is, is it necessary to revise our Constitution? All of the constitutional proposals should always be of benefit, will always be beneficial to our people, if you listen to the arguments of those who espouse them.

Santiago said hearings on proposals for constitutional revision will begin in the middle of February next month.

“But the more important, the deeper issue really is, is it necessary for the Filipino nation to change our basic law at this time. In other words, is it a question of survival and security? When we mean survival, we mean for example, political survival. Should we change the present system from unitary to a federal form of government so that we could at least make an attempt to work for the cessation of hostilities in Mindanao? Or when we speak of survival, we might also be thinking of economic survival.”

“This is the best, the optimum time (for Chacha) because you have a president who takes a hands-off policy on the exercise,” she said, adding that if deliberations will turn out smoothly, elections for delegates of Constitutional Convention (con-con) could be held simultaneously with the 2013 mid-term polls and plebiscite, to set the tone.

This early, Santiago is already considering including in the initial panel of resource persons, authorities on constitutional law from the academe as well as former SC chief justices.

She said she also wants to hear from leaders of the graduating classes from major universities in our country. After all, this Constitution will govern their lives, in effect we’ll be planning on shaping their future.”

She pointed out that it is not a question of whether Congress itself, will amend the Constitution and the manner to amend it but a question of whether it is necessary to revise the Charter as it is an expensive undertaking, but that if no Cha-cha occurs the possibility of the country being the permanent laggard in Southeast Asia is probable, as the Philippines is already the laggard of Asean.

Both Enrile and Majority Leader Vicente Sotto III expressed pessimism as to whether Cha-cha will eventually be laid down for floor discussions.

Enrile pointed out that the program of government is upon the instruction of the Executive Department.

“Cha-cha is not a priority. While I think we need it now, I’m not saying that we should rushed into this thing in the Senate. It needs careful study. I will suggest for the amendments of the economic provisions to solve the problems and the rights of the people. The kind of the government that we have is not perfect. We cannot have a perfect government,” Enrile said in Kapihan sa Diamond Hotel.

Sotto, for his part, said it’s still a long way to go, insofar as putting into action Cha-cha, even if Santiago starts public consultation on the matter.

“Even if she conducts public hearings, it’s a tedious process. It will take time before we debate on it on the floor. Besides, some, if not, most of us here in the Senate are against Cha-cha,” Sotto said in an interview.

Also, the mode in which amendments will be made, the issue of provisions to be revisited would surely entail long debates in both chambers.  –Angie M. Rosales, Daily Tribune