The House of Representatives on Tuesday adopted a resolution convening Congress into a constituent assembly (Con-ass) to study and finalize the draft amendments to the 1987 Constitution, with members of the majority this time opting to finish the deliberations to prevent the minority bloc from using lack of quorum anew to delay its passage.
Before the measure was adopted, members of the minority bloc asked for a second roll call to determine the existence of quorum, which was granted. A quorum was declared later, with 186 lawmakers—significantly lower than the 222 lawmakers attending during the first roll call—still present. At least 147 congressmen should be present to meet the quorum requirement.
The House majority then decided to cut the period of interpellation and then moved for the approval of the Con-ass resolution. Through viva voce voting, the lower chamber adopted the House Concurrent Resolution 9.
Like other measures, the resolution will now be transmitted to the Senate for deliberation.
Rep. Roger Mercado, chairman of the House Committee on Constitutional Amendments, said after the approval of House Concurrent Resolution 9, all recommendations, including the PDP-Laban draft Constitution and those reforms or amendments submitted by House members, would be discussed by the different committees based on the rules on Con-ass. As to the issue on whether the two chambers of Congress will vote as one or separately on constitutional amendment, Mercado invoked Article 17 of the Constitution.
“Congress, upon the vote of all its members, so, both houses will be convened and upon a vote of three-fourths of all its members, meaning the House of Representatives and the Senate, then we can propose amendments to our Constitution,” Mercado said. Article XVII, Section 1 of the Constitution states: “Any amendment to, or revision of, this Constitution may be proposed by [1] Congress, upon the vote of three-fourths of all its Members.”
According to Mercardo, amending or revising the constitution via Con-ass is economical, since it would only entail P204 million, as against constitutional convention, which would cost the government around P11 billion.
Also, Mercado encouraged the Senate to support the Con-ass proposal to save money. Rep. Edgar R. Erice of the Second District of Caloocan slammed the leadership for railroading the resolution.
“How we can we entrust Charter change [Cha-cha] to a constituent assembly with the way they railroaded the Cha-cha concurrent resolution. They didn’t even allow a congressman to finish his interpellation,” Erice said. The period of interpellation was terminated with three remaining interpellators.
On Monday Erice managed to block the passage of the Con-ass resolution when he also motioned for a roll call. Lack of quorum was determined, forcing the majority to abruptly end the session. Earlier, Speaker Pantaleon D. Alvarez said if the 17th Congress could convene into a Con-ass this month, the proposed new federal charter could be submitted for referendum simultaneously with the barangay elections on May 14, 2018.
Under Con-ass, it’s the sitting lawmakers themselves—congressmen and senators—who will serve as the delegates. Based on the recommendation of the House subcommittees formed to outline revisions to the 1987 Charter, the proposed shift to federal system of government will also lead to the further liberalization of the country’s economy, particularly on foreign equity.
This is after a subcommittee of the House Committee on Constitutional Amendments proposed to delete the 60-40 provision on foreign-equity sharing in the 1987 Constitution. The subcommittee, chaired by Rep. Vicente Veloso of Leyte, said the proposal effectively provides for an “open economy.”
During Tuesday’s discussion, the areas that will be freed from the said restriction include: exploitation, development and utilization of natural resources; ownership of alienable lands; franchise on public utilities; practice of profession; ownership of educational institutions, mass media and advertising.
Under the draft proposal, the matter of equity sharing, as well as the terms and conditions involving joint ventures and other undertakings involving the aforementioned areas, shall be determined through legislation.
Veloso’s subcommittee is one of the four subcommittees that will consolidate all the proposals to create the draft of a proposed Philippine Federal Constitution. Mercado, the chairman of the House Committee on Constitutional Amendments, said all the proposals are subject to deliberations and amendments by lawmakers during the Con-ass.
5 states
Meanwhile, another subcommittee, headed by Rep. Corazon Nuñez-Malanyaon of Negros Oriental, proposed that the future Federal Republic of the Philippines will be divided into five states.
According to a draft proposal, the five states will be composed of Luzon, the
Visayas, Mindanao, Bangsamoro and Metro Manila. Metro Manila will serve as seat of the federal government.
Under the proposal, each state shall have its own State Constitution, adopt its name, and choose a capital, flag, anthem and seal. Each state shall have a unicameral state assembly with legislative powers, and premier exercising executive powers. As provided in the State and Local Government Code, there shall be an equalization fund, which shall comprise of unconditional, general-purpose block grant and conditional and matching grants as incentives for state governments.
President and Prime Minister
Moreover, the proposal retains the position of the President, who would act as head of state, and introduces the position of a Prime Minister, who would be the head of the government.
The President shall be elected by direct vote of the people for a term of five years with one reelection, while the Prime Minister shall be elected by a majority of all the members of the Parliament from among themselves.
Under the proposal, the first election under this Constitution shall be held on the second Monday of May 2022.
With this, the proposal may suspend the 2019 midterm elections.
“These are just possibilities. We are also sensitive to public sentiments, especially if the people would not want to suspend the election,” Mercado said, saying the 2019 midterm polls will push through if the public opposes no elections (no-el). The draft was also silent whether President Duterte is banned or not from running as president under the new system in its first election, while it allows Vice President Leni Robredo to finish her term until 2022. The position of vice president will be abolished during the first parliament election in May 2022.
The measure said the new President with a five-year term will have two consecutive terms and to be elected by the people on the first election in May 2022.
The Interim Prime Minister “shall be elected by a majority vote of all the members of Parliament. He shall be a member of the Cabinet,” the proposal said.
‘Not yet final’
Meanwhile, Senator Panfilo M. Lacson clarified on Tuesday that Cha-cha proposals leading to possible term extensions for all elected officials, including a five-year presidential term with reelection, are not yet final.
“These are all proposals at a very preliminary stage of amending the 1987 Constitution,” Lacson told reporters, adding that the process has yet to be discussed by lawmakers.
He confirmed that lawmakers have yet to tackle first the issue on whether the Senate and the House of Representatives would be “voting jointly or separately,” on how to go about changing the Charter.
Lacson added that if he was asked, he would rather focus on the economic provisions. “They were more focused on amending the political provisions, changing the form of government. Of course, they were dovetailing this on the campaign promise of the President [about preferring a federal setup]. And these are allies of the President.”
Lacson played down speculations that lawmakers are targeting to conduct a national plebiscite ratifying Charter changes in May 2018. “The way I see it, that [timeline] is quite difficult to meet… that [timetable] is too tight.”
Minority Leader Franklin Drilon, who heads the four-man Liberal Party bloc in the Senate, said the opposition senators acknowledge Duterte’s preference for a unicameral Congress as part of proposed Charter changes.
“We respect the President’s view being the political leader of our country. But having said that, let us not forget that the constitutional amendment is basically a function and prerogative of Congress,” Drilon pointed out.
With Butch Fernandez