Senate rejects House Con-Ass
Any senator who’ll join Lower House Cha-cha proceedings faces expulsion
Senators have virtually agreed to support Sen. Panfilo “Ping” Lacson’s proposal to expel any Senate member who will participate in the House of Representatives’ Constituent Assembly (Con-Ass) to amend the 1987 Constitution, a clear indication that the Upper Chamber rejects the Lower House’s move.
“I suggested that yesterday (Tuesday) after we all agreed to close ranks as one body. Nobody objected,”
Lascon confirmed in a text message on Wednesday.
But Lacson made it clear that as of Wednesday, he knew of no senator who plans to support the House Con-Ass.
“I was just concerned that in case of that remote possibility na meron (may balak) in the future, he or she cannot escape a misdeed that borders on treachery to our Senate as an institution,” he said.
Lacson, in an interview, said senators have all agreed to “close ranks” and not agree to a joint session until they can be sure they would be voting separately on the issue of Charter change (Cha-cha).
Lacson said the Senate is not inclined to act the House’s Resolution No. 9, which proposes to convene Congress into a Con-Ass to revise the 1987 Constitution.
“...We will close ranks… We’ll not act on it. And we’ll just deliberate among ourselves kung Constitutional Convention (Con-Con) baang mode or we will adopt the resolution that we filed last Monday, na we’ll constitute ourselves – the Senate – as a Constituent Assembly,” he said.
“In that manner kami magpo-propose ng amendments and we will deliberate among ourselves, we will get three-fourths vote to approve whatever proposed amendments angipe-present naminsa plebiscite,” he pointed out.
Asked if his threat to file an expulsion case was a warning to fellow senators, Lacson said: “No.”
“Kasi nga nagkaroon ng concern, what if… may mga scenarios. What if one or two senators would be invited by the House as a body to attend the joint session? So ang noroon is if that would be a semblance of participation by the Senate at pwede sabihin ng House na meron kaming joint session with the Senate.
“Tutal nagkasundo kami, we will not allow ourselves to be drowned out pagka-nagkaroon ng Constituent Assembly ang two bodies. Sabi ko para ang medyo matibay ang usapan natin, baka pwede magkasundo-sundo tayo na i-expel natin ang whoever, kung sinong member na sasama sa ganoong arrangement without the benefit of a resolution adopted by the body. And nobody objected,” Lacson said.
Lacson said senators, including Senate President Aquilino “Koko” Pimentel III, was also amenable to execute his proposal through the Senate Ethics Committee, which is chaired by Senate Majority Leader Vicente Sotto III.
“We can use our mechanism in the Ethics Committee to execute my proposal,” he said.
“We’ll constitute it into a Committee of the Whole to try the erring member. Some suggested na i-censure. Sabiko censure is the lightest of all punishments. And treachery parang kumbaga, although hindi applicable ang offense nay an, parang treason kasi you turn your back on your own colleagues, you turn your back on your own institution,” Lacson pointed out.
Senate Minority Leader Franklin Drilon said he supports Lacson’s call for unanimity and his plan to expel any member of the Senate who would attend Charter change sessions at the House.
“There was no disagreement but what is significant is that how serious the senators feel about our power to vote separately, so that any indication that any member of the Senate will defy that kind of unanimous opinion can be subjected to sanctions,” Drilon told reporters in an interview.
Senator Nancy Binay, likewise, said she supports Lacson’s proposal, saying it is high-time the Senate takes a position.
“I’m supportive of that position. Ilang beses na rin tinitira ang Senado. So I think its high-time that we make a position,” she said.
Binay also said she does not believe amendments to the 1987 Constitution should be rushed.
“It was also a unanimous decision – that we need to talk about it,” Binay said.
“Pero ako kasi parang at the moment kelangan ba? Kaya nga maganda pagusapan eh or baka pwede yung economic provisions lang yung galawin, but everything else wag na muna,” she said.
Con-Con, Senate’s fallback
But in the event the Supreme Court decides in favor of a joint voting on the proposal to amend the 1987 Constitution, the Senate will pass a resolution calling for a Con-Con, Lacson said.
Lacson, who earlier filed a resolution constituting the Senate as a separate Con-Ass, said the Senate has no intention to participate in a joint voting with House members on the matter of Charter change.
Lacson said he filed the resolution, Senate Resolution No. 580, along with some other senators, to provide the Senate a fallback.
“If we adopt this resolution and proceed with proposing amendments via a Senate constituent assembly, then somebody could raise the issue before the Supreme Court,” Lacson said during the Senate hearing on Charter change.
“If the SC would rule that we sit in joint session as Con-Ass and further voting jointly, then we will no longer enter into an agreement with the House to meet in joint session,” he said.
“Instead, we will just pass a resolution calling for a Constitutional Convention,” he stressed.
Retired Chief Justice Reynato Puno pointed out that if the Senate rejects the House’s move to convene jointly as Con-Ass, the Upper House will prevail and that decision of the Senate cannot be taken to the Supreme Court.
“Because that is a political decision that will pose a political question and that is beyond the jurisdiction of the Supreme Court,” Puno said.
Drilon echoed Puno’s argument, saying Congress’ difference of opinion on the mode of Charter change “is in exercise of discretionary powers of both houses of Congress.
“If we do not act at all, we cannot be brought to the Supreme Court,” Drilon said, to which Puno agreed.
Freedom of expression
Meanwhile, Malacañang assured the public that press freedom and the right to free speech will not be curtailed if and when the government shifts to a federal form.
Presidential spokesman Harry Roque gave the assurance after concerns were raised that the media may be muzzled after it was reported that under the proposed revision of the Constitution, only the responsible exercise of free speech shall be protected.
Roque, in a press briefing in San Fernando, La Union Wednesday, refused to comment on the proposed revision but assured that the President respects the Bill of Rights.
“We will not comment on this because this is just a proposal. We will wait until the final proposal of Congress is submitted to the people,”Roque said.
“So far, I can assure you, the President is a lawyer, he honors the Bill of Rights, he has no problem with the Bill of Rights,” he added.
Respect President's rights, too
But while the President respects the Bill of Rights, Roque said that the public, particularly the media, should also respect Duterte's right to free speech.
Roque was addressing the President's manner when he vented out his frustrations against online news agency Rappler which he tagged as “a fake news agency.”
“What you were seeing from the President last night is also the exercise of free speech on the part of a President who feels that he has not been getting the right kind of treatment from the media,”Roque said during the same press briefing. (With a report from Argyll B. Geducos)