A torrent of Cha-cha measures

THEY usually begin with promising phrases like “to strengthen” or “to improve” governance, and then almost always end up making a common recommendation — either “to amend” or “to revise” the 1987 Constitution.

A torrent of such proposals are pending before the Committee on Constitutional Amendments of the House of Representatives. All — save for one which was filed only last week — are in pursuit of amending the Constitution or revising some of its provisions.

Since the 14th Congress opened In July last year, Charter change initiatives have come up to a total of 30 measures — seven bills, nine concurrent resolutions, 2 joint resolutions, and 12 House resolutions. Twenty-one of these measures warrant the need for charter change either by constitutional convention, constituent assembly, or through a people’s initiative. The rest seek to revise specific provisions in the Constitution, or deal with matters concerning its amendment.

Only House Resolution 888, signed by 23 lawmakers from various political parties, challenges the aggressive moves to amend the Constitution before 2010.

The anti-Charter change resolution -– authored by party list representatives Teodoro Casiño and Satur Ocampo of Bayan Muna, Liza Maza and Luz Ilagan of Gabriela, Rafael Mariano of Anakpawis, and Bukidnon Rep. Teofisto Guingona III — seeks to reject “any amendments and all moves to amend the 1987 Constitution before the 2010 elections including the proposed convening of Congress into a constituent assembly.”

The resolution calls attention to some proposals, which are deemed “patently self-serving and abhorred by the people,” and are geared towards postponing the May 2010 elections to May 2011 to extend the terms of incumbent officials and lift the term limits of public officials.

HR 888 also points out that the “proposal to change the presidential and unitary form of government to parliamentary and federal form of government before the 2010 elections will surely play into the hands of those plotting to perpetuate Mrs. Gloria Macapagal-Arroyo in power.”

ConCon measures

Of the 30 House measures submitted before the constitutional amendments committee since July 1, 2007, 10 are calling for charter change through a constitutional convention. Popularly known as “ConCon,” a constitutional convention of elected delegates is one of the three modes in which the Constitution could be amended. The two other modes are via Congress constituting itself as a constituent assembly upon a vote of three-fourths of all its members, or through a people’s initiative.

Under Article XVII, Section 3 of the 1987 Constitution, the Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention.

ConCon measures include House Bills 1752, 1876 and 3473, 3149, and 4075, which are principally authored by Rep. Raul Gonzalez Jr., Rep. Carmelo Lazatin, Rep. Abraham Kahlil Mitra, and Rep. Victor Francisco Ortega, respectively.

A bill is a proposed law by a member of Congress. Once versions of the bill are passed in both Houses (Senate and House of Representatives), it goes to a bicameral conference committee to reconcile whatever differences exist between the two versions. The final draft of the bill is then presented to the President for approval and signature, and hence becomes part of the laws of the land.

Source: congress.gov.ph

Filed in August 2007, Lazatin’s bill, HB 1876, called for a constitutional convention and the postponement of last year’s barangay elections. Five months later, he filed another bill (HB 3473) calling for yet again a ConCon, but this time, to coincide with the 2010 national elections.

“(G)enuine democracy is founded not only on social and economic conditions, but also on the design of political institutions,” the bill said. “Eventually, the Philippines will be able to cope with all these forms of crisis if necessary changes in the government system will take place.”

Meanwhile, Ortega, chair of the House committee on constitutional amendments, seeks to implement House Concurrent Resolution (HCR) 17, which he also authored, in his proposed bill (HB 4075). “(C)alling for a Constitutional Convention to propose amendments to the Constitution is the least divisive and the most transparent, exhaustive and democratic means of achieving constitutional reform, among the three modes of amending the Constitution,” the resolution said.

A concurrent resolution is a legislative measure, which binds both the Senate and the House of Representatives. Passed by both Houses, concurrent resolutions are not presented to the President and do not have the force of law.

Other concurrent resolutions calling for a ConCon are: HCR 03 by Rep. Felix Alfelor Jr., HCR 06 by Rep. Edelmiro Amante, and HCR 07 by Rep. Antonio Cuenco.

The latest ConCon measure — HR 858 — was introduced by Buhay party-list Rep. Rene Velarde, along with Congressmen Del de Guzman and Didagen Dilangalen, last November 11.

Their resolution states: “(T)he calling of a constitutional convention to be composed of elected delegates from all the regions in the country is the logical and appropriate action as it will afford people’s participation in the process through delegates chosen by them, besides, it has more time and expertise to frame a new Constitution because its whole attention is focused on that job.”

House resolutions are written motions that cannot progress into a law. Carrying no legal weight, these are often adopted to express approval or disapproval of a particular issue.

Con-ass measures

Meanwhile, nine of the 30 measures call for a constituent assembly, more known as a “con-ass.” The Philippine Congress sits as a constituent assembly when the Senate and the House convene as one to propose amendments to the Charter; and, under Article XVII of the Constitution, upon a vote of three-fourths of all its members.

Authored by Rep. Jose Solis and Rep. Roque Ablan Jr., respectively, HCR 10 and HCR 18 called on the Senate and the Lower House to constitute themselves into a constituent assembly to introduce amendments to the Constitution.

Rep. Solis’s resolution, introduced in December 2007, also proposed to lift the term limits for members of the House and elective local public officials.

Source: congress.gov.ph

HCR 19, House Joint Resolution (HJR) 14, HJR 15, HR 567, and HR 739 also proposed to convene Congress into a constituent assembly. Introduced by Reps. Amante, Cuenco, Faysah Dumarpa, Rufus Rodriguez, and Solis, respectively, these resolutions call for revising the Constitution to establish a federal system of government.

Amante’s resolution (HCR 19) indicates that the federalization of the Republic would “speed up the development of the entire nation through hands-on involvement” and “dissipate the causes of insurgency throughout the land.”

HJR 14, HJR 15, HR 567 and HR 739 all propose the creation of 11 States out of the Republic: the States of Northern Luzon, Central Luzon, Southern Tagalog, Bicol, MINPAROM (Mindoro Oriental and Occidental, Palawan, Romblon and Marinduque), Eastern Visayas, Central Visayas, Western Visayas, Northern Mindanao, Southern Mindanao, and BangsaMoro.

The resolutions of Bohol Rep. Adam Relson Jala‘ (HR 730) and Tawi-Tawi Rep. Nur Jaafar (HR 819), on the other hand, call for a constituent assembly to amend the Charter, particularly to establish a unicameral or joint session of Congress.

One resolution, HCR 15 filed by Bacolod City Rep. Monico Puentevella, proposes for either a ConCon or a con-ass to amend the Charter. It also proposes the establishment of a federal government, creating the said 11 States.

People’s participation

Only HB 2479, authored by Rep. Ablan in September 2007, proposes Charter change through the initiative of citizens. A “people’s initiative” is the process by which the people are empowered to propose amendments to the Constitution upon compliance with legal requirements.

Ablan’s “People’s Initiative to Amend the Constitution Act of 2007” declares that amendments to the Constitution may be directly proposed by the people through initiative upon a petition of at least 12 percent of the total number of registered voters, of which every legislative district must be represented by at least three percent of the registered voters therein.

In May 2008, however, Ablan introduced a concurrent resolution, calling for a constituent assembly.

In 2007, Negros Oriental Rep. Pryde Henry Teves proposed HB 2158, calling for a referendum to settle the issue on the need to change the Charter.

The said referendum was supposed to be undertaken simultaneously with last year’s barangay elections, wherein the following questions will be asked: One, do the people favor charter change? Two, if the people do favor to amend the Constitution, what will be the manner of carrying the charter change? Will it be via constituent assembly voting as one or separately or constitutional convention? And, should we remain a Presidential type of government or should we shift to Parliamentary?

Amending specific provisions

On the other hand, seven measures were introduced, proposing for revisions of certain constitutional provisions.

HCR 13 authored by Parañaque City Rep. Roilo Golez proposes amendments to Sections 8 and 9 of Article VIII (Judicial Department), transferring the power to appoint members of the Judicial and Bar Council (JBC), members of the Supreme Court and judges of the lower courts from the President to the Supreme Court acting en banc, and reorganizing the JBC.

Batangas Rep. Hermilando Mandanas also introduced three resolutions to amend specific provisions. One is HR 548, which seeks to promote efficiency in governance by uniting the executive and legislative functions of government. Section 13, Article VI and Section 16, Article VII of the Constitution are to be amended in this measure.

Another Mandanas resolution is HR 549, which is aimed at strengthening local autonomy by creating more autonomous regions, amending Sections 1 and 15, Article X of the Constitution.

A third resolution is HR 550, which proposes the extension of the term of office of local elective officials, except barangay officials and members of the House of Representatives, from three to four years. It also calls for the synchronization of local and national elections, amending Section 7 Article VI; Section 8, Article X; and Section 2, Article XVIII of the Constitution.

However, committee chair Rep. Ortega, said last Wednesday that HR 550 had already been withdrawn last August 12.

Source: congress.gov.ph

House Speaker Prospero Nograles also introduced a resolution (HR 737) proposing to amend Sections 2 and 3, Article XII of the Constitution to allow the acquisition by foreign corporations and associations and the transfer of conveyance thereto, of alienable public lands and private lands.

In August 2007, Rep. Solis’s filed HR 56 calling for the adoption by the House of Congress of the proposed amendments submitted by the Constitutional Consultative Commission (Con-Com) formed by President Arroyo by virtue of Executive Order 543.

Quezon Rep. Danilo Suarez, meanwhile, submitted HR 414 calling for an investigation by the appropriate House Committee on the need to amend the Constitution, particularly to make uniform the terms of office of all elective officials to five years.

Party affiliations

Majority of the 30 measures — or 14 various bills and resolutions — were filed by members of the pro-administration party Lakas-Christian Muslim Democrats (Lakas-CMD).

Lakas-CMD members Lazatin, Ablan, and Ortega have all filed two House measures. Except for Ablan, who filed measures for charter change through people’s initiative in 2007 and then via con-ass in 2008, the other two made moves for a ConCon.

Source: congress.gov.ph

The next dominant parties are Arroyo’s own political party, the Kabalikat ng Malayang Pilipino (Kampi) with seven measures filed by its members, the Liberal Party (LP) with three measures introduced (all by Rep. Mandanas), and Promdi-BOPK-Lakas with two measures. Other parties each have one measure filed by their respective members.