RETIRED ....

to change the Constitution by pushing for the insertion of “voting jointly” in the provision that would allow Congress to amend or revise the Constitution. The Constitution is silent on how the voting shall be done, whether “voting jointly” or “voting separately.”

The House of Representatives, having the most number – 316 compared with the Senate’s 24 – has been pushing for a joint voting while the Senate maintains it should be “voting separately.”

The ChaCha proponents want to change the provision into “Congress, upon a vote of three-fourths of all its Members, voting jointly, at the call of the Senate President or the Speaker of the House of Representatives…”

He said the proposed amendment is actually a “revision” and not a simple “amendment.”

Carpio explained that by “voting jointly,” the House of Representatives, even acting alone, could muster enough votes to effect constitutional reforms or even abolish the Senate by a vote of threefourths, deviating from the current structure of Congress as a “bicameral body.”

“Under the present provision, any proposed change must be approved by threefourth votes of all the members of the Senate and all the members of the House, and this means voting separately since the Constitution speaks of “Congress” which is a bicameral body,” he said.

The proposed change, which Carpio says is a “revision,” cannot be done through a People’s Initiative because the proposal would introduce a substantial change in the Constitution.

“Congress is made up of the Senate and House. The act of the Senate, acting alone, is not the act of Congress. The act of the House, acting alone, is not an act of Congress. Both must approve before you can call it an act of Congress,” he added.

Political not economic

Carpio also believes that proponents of the alleged “People’s Initiative” seek to change the political structure – and not merely to change the economic provisions – to ultimately convert the system of government from presidential to parliamentary “to knock out Sara” in the 2028 Presidential race.

Former President Rodrigo Duterte in a rally here against ChaCha on January 28, warned President Ferdinand Marcos Jr. that he would suffer the fate of his father who was ousted by People Power in February 1986, if he does not stop his wife Liza and House Speaker Martin Romualdez, whom he alleges to be behind the buying of signatures for a “People’s Initiative” to amend the Constitution.

“Kaibigan kita, pag pinilit mo ito, lalabas ka ng

Malacañang kagaya nung panahon na pinalayas kayo” (You are my friend but if you push for this, you will leave Malacañang the same way your father did when he was ousted), Marcos said.

Duterte in 2021 was disappointed his daughter Sara opted to run for Vice President instead of President.

Carpio acknowledged that “sometimes the guy you are fighting with is the guy you are fighting against in another issue.”

“I am not for Duterte, I am anti-ChaCha, he is antiChaCha to protect his daughter. I am doing what I believe is the correct thing,” he said.

In November last year, Carpio asked the Supreme Court to rule on full disclosure of the use of public funds even if they fall under “confidential funds” because this is “the money of the public.” Among the respondents to the petition is Vice President Sara Duterte on her P125-million confidential funds. Carpio had earlier questioned the Duterte patriarch’s position on the West Philippine Sea.

Carpio reiterated there is no need to amend or revise the Constitution to attract foreign investments because the Philippines has “one of the most liberalized foreign investments law” not only in Southeast Asia but also in the entire Asia.

He said government should address the “real causes of problem” that prevent foreign investors from entering the country like high power cost, bureaucratic regulations, absence of rule of law, and poor infrastructure.

“The Constitution has nothing to do with foreign direct investments. It is the policies of the government, so why do they insist on changing the Constitution when it has nothing to do with poor economic performance,” he added.

He said the signature forms for People’s Initiative contained nothing about changing the “economic provisions.”

The Commission on Elections on January 29 announced in a press conference that “the Commission en banc, in a unanimous decision, decided to suspend any and all proceedings concerning the people’s initiative” and ordered its Comelec offices in the cities and municipalities to stop receiving signature sheets. (Antonio L. Colina IV with a report by Carolyn O. Arguillas / MindaNews)