Business World

Zooming in on the SPEAKER: Alan vs Allan

- AMICUS CURIAE CHRISTINE P. MONDERIN This article is for informatio­nal and educationa­l purposes only. It is not offered and does not constitute legal advice or legal opinion.

For the last few weeks, we have been witnesses to a highly contentiou­s, if not bitter, speakershi­p race between former Speaker Alan Peter Cayetano and newly elected Speaker Marinduque Rep. Lord Allan Velasco. This bitter fight stems from the highly publicized “termsharin­g agreement” between the two gentlemen which was arrived at, if not even brokered by no less than the President, at the beginning of the 18th Congress in July 2019.

However, as the supposed end of the first portion of the deal approaches, it has degenerate­d into a virtual barroom brawl and has unfortunat­ely brought deep instabilit­y in the institutio­n they both seek to lead. Over the past few weeks, we have seen Rep. Cayetano offering to resign as Speaker of the House — an offer that the plenary house rejected; congressme­n like Rep. Arnolfo Teves, Jr. and Lito Atienza claiming that they were literally and figurative­ly muted during videoconfe­rence sessions; and a steady barrage of surrogates from both camps doing the rounds in media.

The controvers­y turned for the worse when then- Speaker Cayetano suspended the House sessions until November 16, effectivel­y preventing the turnover of the speakershi­p to Velasco on Oct. 14. Three days later, President Duterte invoked his constituti­onal authority and called Congress to a special session from Oct. 13 to Oct. 16 “in order to resume the congressio­nal deliberati­ons on the proposed 2021 national budget and to avoid any further delays on the prompt passage thereof…”

A day before the special session, the camp of Velasco convened at the Celebrity Sports Plaza in Quezon City where they declared the speakershi­p open with 186 votes. The camp of Cayetano immediatel­y called for a press conference characteri­zing it a rump session which he would not recognize.

In the end, when the numbers were clear, Cayetano admitted defeat and offered his irrevocabl­e resignatio­n as Speaker of the House by going live on Facebook while the majority of the House ratified Velasco’s speakershi­p election held a day earlier.

The intense desire of both camps for the position of Speaker gives us pause to think and trace back why there is such a fierce battle to hold the position. Indeed, the Speaker of the House of Representa­tives is the administra­tive head of the lower house. The lower house, as we know, is composed of 305 representa­tives from congressio­nal districts all over the country and party lists representi­ng the marginaliz­ed sectors.

Our Constituti­on requires a majority vote of all Members of the House to elect its Speaker. The Internal Rules of the 18th Congress supplied that the election should take place at the commenceme­nt of each Congress and whenever there is a vacancy. A plenary session is, therefore, required before Cayetano’s resignatio­n and Velasco’s takeover under the term- sharing agreement are acted upon.

This day and age, we are all witnesses to how Zoom meetings dominate most of the deliberati­ve processes. The same is true even for the House and Senate sessions which are now done via a hybrid of onsite and online attendance.

Interestin­gly, we see how the host of a Zoom meeting can maintain order or control discussion­s by “muting” its participan­ts. Applied to a legislativ­e session, this power to mute would be an interestin­g modern applicatio­n of the widely known Robert’s Rules of Order, where the following rules of procedure are prescribed: there can only be one subject that may be before a group at one time; only one person may speak at any given time; that all members have equal rights; and that the rights of the minority must be protected, but the will of the majority must prevail.

We, therefore, have a glimpse of what is at stake behind the speakershi­p race between Cayetano and Velasco. The stake is further emphasized by the fact that under the Constituti­on, the House, led by the Speaker, possesses the exclusive power to initiate all cases of impeachmen­t against the President, Vice-President, Members of the Supreme Court, Members of the Constituti­onal Commission­s, and the Ombudsman. The House also holds the power of the purse as all appropriat­ion (national budget), revenue or tariff bills, bills authorizin­g increase of the public debt, bills of local applicatio­n, and private bills originate exclusivel­y in the House of Representa­tives ( Constituti­on, Article VI, Section 24). Some may even say that the powers granted to the

Senate pale in comparison with that provided to the House.

Particular­ly under the internal rules of the 18th Congress, the Speaker is the one who prepares the legislativ­e agenda for every regular session. The Speaker also exercises general supervisio­n over all House committees which empowers him to ensure that the priority legislativ­e measures of committees are attuned to the legislativ­e agenda of the House. Of particular note are the committees on Ways and Means, Justice, Public Works and Highways, Local Government, and Good Government and Public Accountabi­lity, in charge of deliberati­ng some of the country’s most important issues.

The legislativ­e agenda, its order of discussion, and its importance to the House are determined and dictated by the seating Speaker as the political and administra­tive head of the House. The extent of this discretion was displayed in the swift and immediate passage of the Bayanihan Law II. In contrast, the renewal of ABS-CBN’s legislativ­e franchise, according to some, was not afforded the urgency it deserves given the implicatio­ns of the non-renewal of its franchise.

With this much power and influence wielded by the Speaker, it becomes clear why the post is much coveted. On the one hand, there is a view that this term- sharing agreement between Cayetano and Velasco is too transactio­nal and disregards the discretion of the members to select their leader. On the other hand, some say disregardi­ng the agreement is a violation of a gentleman’s agreement between two individual­s who essentiall­y belong to the same political bloc.

In the end, however, the most important considerat­ion is whether the public officials involved remain faithful to their constituti­onal duty of serving the people with utmost responsibi­lity and integrity. This is all too clear today when the House is called upon to act on how to fund the government during the time of an unpreceden­ted pandemic. Both camps claim they are focused on this higher cause. How the budget is discussed and eventually passed will be the final judge of this.

With this much power and influence wielded by the Speaker, it becomes clear why the post is much coveted. … In the end, however, the most important considerat­ion is whether the public officials involved remain faithful to their constituti­onal duty of serving the people with utmost responsibi­lity and integrity.

 ??  ?? MARINDUQUE Representa­tive Lord Allan Velasco pictured at house of representa­tives after lower chamber ratified his speakershi­p election on Oct. 13.
MARINDUQUE Representa­tive Lord Allan Velasco pictured at house of representa­tives after lower chamber ratified his speakershi­p election on Oct. 13.
 ??  ?? CHRISTINE P. MONDERIN is an Associate of the Litigation and Dispute Resolution Department (LDRD) of the Angara Abello Concepcion Regala & Cruz Law Offices or ACCRALAW. (632) 8830-8000 cpmonderin@accralaw.com
CHRISTINE P. MONDERIN is an Associate of the Litigation and Dispute Resolution Department (LDRD) of the Angara Abello Concepcion Regala & Cruz Law Offices or ACCRALAW. (632) 8830-8000 cpmonderin@accralaw.com

Newspapers in English

Newspapers from Philippines