DRILON PRESSES CHA-CHA, ECONOMIC AMENDMENTS
Senators yesterday expectedly raised a howl over the reported consensus reached by Congress leaders during Thursday’s legislative summit, to explore the idea of tinkering with the Constitution, saying that there was no prior discussion on this, much more, was there a collective position among upper chamber members even reached.
An administration senator said agreements reached by leaders of the two Houses of Congress “do not bind the Senate in any way.”
A member of the minority bloc said she and her colleagues were unaware that Charter change (Cha-cha) is even part of their senators’ priority agenda under the current Congress.
Sen. Franklin Drilon, who delivered a paper on the possible revision of the 1987 Constitution in the summit held at the Edsa Shangri-la hotel in Mandaluyong, was quick to defend the congressional leaders’ move, amid criticisms hurled at them by their peers.
“The Senate President has always taken the position that there is a need to take a look at the economic provisions because, in his view, there are certain restrictive provisions in the Constitution that could be reexamined in order to improve our investment climate. I was asked by the Senate President to find out how we can
best do this,” he said, adding all he did was to to come up with a proposal that will have to be debated on by senators when they submit the resolutions on the floor.
Drilon stressed that part of the consensus is for lawmakers to only deal on the economic provisions “and the leadership will reject any amendment not involving economic provisions.”
Both Houses will have to first file a resolution seeking to revisit the Charter and possibly work on the mechanics and process in time for their discussion in the next scheduled summit, which could likely take place after the congressional break this October, for consensus purposes, Drilon explained, saying there is no timetable set.
Senators Francis Pangilinan and Pia Cayetano both claimed they were not consulted on the matter nor was there any discussion on the inclusion of Cha-cha in the legislative agenda of the 15th Congress.
They steered clear from the commitment made by the Senate leaders to their counterparts in the House of Representatives, saying that the agreements are non-biding unless ratified by the Senate.
“Whatever was discussed during the summit does not bind the Senate in any way, and a separate act of the Senate is necessary if this is to become official. As it stands, everything is unofficial and without any binding effect on any of the senators. Even the creation of the committee between both Houses needs Senate approval before it can bind the Senate,” Pangilinan, an ally of President Aquino, said in a statement.
“There has been no Senate caucus to discuss this. There have been no committee nor plenary debates held on the issue, and so I am wondering why it is being reported that Congress already has a position on the issue of Cha-cha.
Cayetano, in an interview with reporters, said she was surprised to hear of the Cha-cha’s inclusion in the agenda of the summit.
“It didn’t include anything about Cha-cha. I’m not aware that there was topic on it or if it was even part of those that will be discussed. From what I know of the legislative agenda and in fact, I already put forth our priorities which, as you know, are RH (reproductive health) bill (Senate bill No. 2865) and Sustainable Transportation (SB No. 2936). The last that I heard of this (Cha-cha) was about six months ago, so honestly this was a surprise to me,” she said.
Although in due time Cayetano admitted that it should be discussed, the timing is not right.
“So what is this all about? Is this a meeting between the leaders of our legislative bodies? Because I know that as a rule, the legislative bodies make decisions collectively,” she pointed out.
“Let us just assume that probably this is an initiative of the legislative heads, the Senate President and the Speaker of the House, and maybe they will still take it up with us. If the body will already adopt it, we’re unaware (of it) and we’re part of the body. Now maybe the majority (bloc) has discussed this because I’m in the minority,” she said.
Cayetano is a member of the three-man minority bloc in the upper chamber headed by her brother, Sen. Alan Peter Cayetano with Sen. Joker Arroyo as co-member.
Arroyo, for his part, said they were made to understand that the summit was supposed to be a discussion on prioritizing more urgent bills to be taken up by both chambers of Congress.
“What happened is that the summit took up Charter change as a principal subject. It took center stage. Amending the Constitution following the legislative process as suggested would be like a ship sailing through uncharted waters. Congress has not done it in the past.
“In short, Congress has no experience in that. What would happen is that Congress acting as a constituent assembly to amend the Constitution would be operating like a legislative assembly as we witness it making laws.
“The public cannot be faulted if people should be apprehensive about that arrangement. Once Congress is converted into a constituent assembly, it will be autonomous, free as a bird. It can make its own rules, introduce any amendment and the only limitation is the conscience of legislators as sincere amenders of the Constitution. There lies the danger: Anything goes,” he warned.
Senators Aquilino “Koko” Pimentel and Francis “Chiz” Escudero were also lukewarm to the idea of bringing up Cha-cha at this time.
“Cha-cha may be done by Congress but we must make sure constitutional changes will empower people, not vested interests. Otherwise, Cha-cha will merely fuel unrest of impoverished masses,” said Pimentel.
Escudero said he does not have a problem with discussing Cha-cha at this time even as he remained firm in his belief that there is no need for it now.
“I have no objections to studying and discussing it. But I have yet to be convinced that this is needed at this time and should be a priority. While Cha-cha remains and will always be an important political exercise in a dynamic society for such to progress and endure, timing and adequate resources to push for such move should be carefully factored in,” he said.
Drilon allayed fears raised by his colleagues saying that the mode he proposed to carry out the work of amending the Charter, through what he dubbed as “bicameral constituent assembly” will defeat any attempts of any legislator to pursue revisions tainted with self-interest or political motives as they will be strict in entertaining only those related to economic provisions.
“The fact that it is bicameral provides check and balance and we are committed that it will only refer to economic provisions. All kinds of amendments will be proposed but the leadership will vote down any amendment outside of the economic provisions,” he said.
Drilon added that “conceptually, in principle, we have agreed that we will use the legislative lawmaking process. After it goes through the legislative mill with the qualified majority of ¾ voting, this will be submitted to the Filipino people for ratification. So we have to work out the mechanics of this procedure before we even go to the substance,” he said.
The senator, who is a strong Palace ally, said that while Malacanang is likewise lukewarm to the idea, they are ready to defend this before President Aquino.
“We appreciate that this is not their priority. We intend to present this to the President to justify the need. To me, more than any other time, this is the best time to propose amendments to the Constitution. The trust rating of the President is very high. He can exercise his political leadership. Number two, we have a President who we all know is not interested in amending the Constitution for his personal benefit.
“I am certain that any amendment that would change the form of government or will indicate any extension of his term, he will reject. Therefore, this is the best time to take a look at the economic provisions. When else do we do this? This would be transparent. If it is unacceptable, then we will not go through with it. I do not want a situation where we do not act because we fear that it will not succeed,” he said.
Furthermore, Drilon said, any deliberations on Cha-cha is not likely to take off this year.
“I don’t think we can start anything this year. We’ll have to agree first on exactly the process that we will follow. Conceptually, in principle, we have agreed that we will use the legislative lawmaking process. After it goes through the legislative mill with the qualified majority of ¾ voting, this will be submitted to the Filipino people for ratification. So we have to work out the mechanics of this procedure before we even go to the substance,” he said.
““I am certain that any amendment that would change the form of government or will indicate any extension of his term, he will reject. Therefore, this is the best time to take a look at the economic provisions. When else do we do this? This would be transparent. If it is unacceptable, then we will not go through with it. I do not want a situation where we do not act because we fear that it will not succeed,” he said.
Asked on whether he’s confident that Cha-cha can materialize under the present government, Drilon said it’s still to early to say.
“We will work on it. Let’s see what happens along the road,” he said. –Angie M. Rosales, Daily Tribune
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