It’s Congress’ call to amend Charter via Con-Ass or Con-Con – Drilon
Senate President Pro Tempore Franklin Drilon said yesterday that Congress has the sole power to determine the mode of amending the 1987 Constitution and not the President.
“The mode of amending the Constitution, whether by Constitutional (Con-Ass) Assembly or Constitutional Convention (Con-Con), is the sole prerogative of Congress,” Drilon
underscored in a statement.
In the Lower House, Speaker Pantaleon Alvarez is set to ask President Rodrigo Duterte to issue an executive order that will create a 20-man constitutional commission to draft a new charter as their plan to push for Con-Ass as a mode of amending the Constitution drew flak from various stakeholders, including some lawmakers.
Drilon has earlier filed Resolution of Both Houses No. 1, which calls for a Con-con as the mode to use in revising the Constitution. The filing of the resolution was done in response to President Rodrigo Duterte’s advocacy for a shift to federalism.
President Duterte initially preferred tinkering with the provisions of the Constitution through Con-con but had changed his mind and now prefers Conass, to avoid the projected high cost.
Drilon, chairman of the Senate committee on constitutional amendments and revision of codes and laws that will hear all measures calling for the amendment of the Constitution, also said there is no need to penny-pinch when it comes to revising and rewriting the country’s Constitution.
But unlike ordinary bills, Drilon said a resolution calling for a review of the Constitution is not subject to the approval of the President.
The former Senate leader said it is the Filipino people who would ultimately decide whether or not they would ratify the amendments to the Constitution.
“A resolution calling for a Con-con or Con-Ass does not need the approval of, and cannot be vetoed by, the President,” Drilon said.
“The amendments to the Constitution itself are not approved, and cannot be vetoed, by the President, but is submitted directly to the people for approval or rejection in a plebiscite,” the senator emphasized.
He also said Congress should debate on the best manner to amend the Constitution, taking into consideration the views of all stakeholders, the President, and Constitutional and legal experts.
Drilon earlier vowed that as chair of the Senate panel on constitutional amendments and revision of codes and laws, he would give the resolution to amend the Constitution “the highest the priority” and take it up as soon as the organization of the Senate is finalized and completed.
Con-Com To allay fears that a constituent assembly will churn out a new Constitution that will be self-serving to the Duterte administration, Alvarez said the 20-man constitutional commission will be composed of constitutional law experts that would include deans of laws schools, retired Supreme Court justices and former key national leaders.
Among those being eyed are former Supreme Court Chief Justice Renato Puno, former Senate President Aquilino Pimentel, former mayor Reuben Canoy, San Beda College of Law dean Ranhilio Aquino and former senator and broadcaster Orly Mercado.
Alvarez said the commission will be responsible in the drafting of the new charter, and the draft will be submitted to Congress, sitting as a Con-Ass will scrutinize and vote on the draft charter.
The people’s sentiment on the final draft will be then gauged through a plebiscite that would coincide with the 2019 midterm elections.
“Maybe the draft will be ready in six months, and then Congress as a constituent assembly, can start the debate. The people are free to participate in the debates,” Alvarez said.
He said the commission can immediately jumpstart its work, while Congress will be preoccupied in passing priority measures, including the 2017 national budget.
“At the end of the day, it is still the people who will decide if they want the new Constitution through a plebiscite,” he added.
The House speaker said he understands the prevailing public sentiment against amending the constitution through a constituent assembly given their experience in the past charter change attempts in the previous administrations.
However, Alvarez said he and his fellow lawmakers must rise to the challenge of Pres. Duterte that as Filipinos they must work to uphold the interest of the Filipino people.
He explained that the original plan for the holding of a constitutional convention has been abandoned in favor of the constituent assembly which can ensure lower expenses and faster delivery of results.
The Davao del Norte solon revealed that a shift to federal system of government and the creation of 11 autonomous states are among the key features of the administration-backed Charter proposals.
Negros Occidental Rep. Alfredo Benitez filed a bill similarly proposing the creation of a “council of elders” that would serve as advisory group for the constituent assembly.
Benitez said the four former Philippine presidents may be included in the council, owing to their vast experiences in running the country.
The House minority bloc led by Quezon Rep. Danilo Suarez want Alvarez to justify his claim that convening Congress into a constituent assembly will be economical than Duterte’s original choice which is the holding of a constitutional convention.
Suarez said the minority bloc has not yet taken a position on the issue but will have to be briefed on the pros and cons of the two proposed methods of Charter change.
Kabayan Party-list Rep. Harry Roque said recommendations of the 20-man commission proposed by Alvarez may be rejected by the constituent assembly if it wants to.