ANGARA, BARBERS SEEK CONSTITUENT ASSEMBLY. Unfazed by criticisms that he entered into a secret deal with Malacanang involving the Senate presidency, opposition leader Sen. Edgardo Angara pressed on yesterday with a resolution seeking to convene Congress into a constituent assembly to amend the 1987 Constitution.
Angara was not alone in filing Concurrent Resolution No. 13. It was also signed by Sen. Robert Barbers, an administration senator who has declared his "willingness to be drafted" as a vice presidential candidate in the May 2004 elections. Angara’s filing of Concurrent Resolution No. 13 fueled speculations that he really entered into a deal with President Arroyo to push Charter change through a constituent assembly in exchange for the Senate presidency. Angara insists that amending the Charter through a constituent assembly would be better than through a constitutional convention (Con-con).
A bloc of 14 senators, led by Senate President Franklin Drilon, had earlier filed another resolution calling for Charter change through a Con-con whose delegates would be elected in the May 2004 elections. Both resolutions, however, appear to be contrary to the results of opinion surveys which show overwhelming public disapproval for any attempt to tinker with the 1987 Constitution.
But the Angara-Barbers resolution noted that there was "a growing sentiment from several sectors seeking the review and re-examination of the Constitution to make it more responsive to present conditions and economic realities." Moreover, Angara and Barbers said "a constituent assembly would be sufficient in proposing amendments... by confining the changes to targeted key provisions, to address the cited weaknesses of the Constitution."
Barbers said he supported a constituent assembly because a constitutional convention would open up the Constitution to wholesale amendment. Declared presidential aspirant Raul Roco, himself a delegate to the 1971 Con-con, has supported calls for a referendum on the matter before Congress presumes that Filipinos support Charter change moves.
Source: Philippine Star, 31 January 2003
14 SENATORS FILE CON-CON RESOLUTION. A bipartisan group of 14 senators led by Senate President Franklin Drilon filed yesterday a resolution seeking the amendment of the Constitution through a constitutional convention (Con-con).
The number of signatories in the resolution, denominated as Resolution of Both Houses No. 1, means the Senate has effectively rejected calls for a prior referendum before proposals to amend the Constitution are considered, and for a constituent assembly. The House and the Senate need three-fourths vote (or 18 in the Senate) to call for a constituent assembly. On the other hand, to call for a Con-con needs a two-thirds (16 in the Senate) vote in both chambers.
Aside from Drilon, those who signed the resolution were Senate President Pro Tempore Juan Flavier, Majority Leader Loren Legarda, Minority Leader Vicente Sotto III, Senators John Osmeña, Robert Jaworski, Ramon Magsaysay Jr., Noli de Castro, Ralph Recto, Panfilo Lacson, Gregorio Honasan, Luisa Ejercito, Ramon Revilla and Francis Pangilinan. While Sen. Robert Barbers has not signed the resolution, he has expressed his openness to a Con-con. Barbers is an advocate of a shift to a parliamentary form of government. Sen. Aquilino Pimentel Jr. also wants the Charter amended to provide for a federal government. He, however, has not yet signed the resolution, saying he wants to study it first.
Drilon said that any effort by Congress, acting as a constituent assembly, to propose amendments would only serve to divide the attention and resources of the government that are best devoted to the formulation and implementation of measures and policies that would improve the country’s economic and social condition. He admitted the "sad reality" that any proposal, no matter how meritorious, coming from politicians would be automatically rejected by the people as "self-serving." "It is, therefore, more prudent to have the Constitution reviewed for possible amendments by a constitutional convention," Drilon added.
The resolution states that each congressional district shall have two delegates to the Con-con. The salary and qualifications of a delegate shall be equivalent to those of a congressman. The election shall be held simultaneous with the May 2004 general election, and the Con-con shall convene on the first working day of January 2005 at the session hall of the House of Representatives.
Source: Philippine Star, 22 January 2003
HOUSE LEADERS REJECT CONSTITUTIONAL CONVENTION. House leaders welcomed President Gloria Macapagal-Arroyo's finally coming out in support of Charter change but maintained that a constituent assembly and not a constitutional convention, as preferred by Ms Macapagal, was the better, more economical mode for carrying out the amendments.
"Eight years is too long for our people to wait," insisted Speaker Jose de Venecia who said that he and his House colleagues would "continue to argue that the fastest and easiest way to proceed is by convening both houses of Congress as a constituent assembly."
Still, the Speaker tried to paper over the divergence in his and the President's positions, saying they were merely procedural, "something that can be sorted out relatively easily through democratic debate." De Venecia explained that while a constitutional convention elected in 2004 was "desirable," it would not be possible to implement the amendments proposed by such a body until the end of the next presidential cycle in 2010.
House Minority Leader Carlos Padilla said he and other opposition legislators were agreeable to Charter change by the constitutional convention route, if they could be assured by the President that funds were available for it. Padilla said a con-con would be very expensive, with the number of members to be elected approaching the present membership of Congress. Taxpayers would have to pay for the salary of the delegates, their staff and offices for the duration of their work, he said. He also noted that there was no government building large enough to accommodate a con-con so that taxpayers would again have to fork out the money for renting suitable space. The 1971 con-con sessions were held in the Manila Hotel.
De Venecia and Deputy Speaker for the Visayas Raul Gonzalez said deliberations on House Concurrent Resolution No. 16, seeking to convene the House and the Senate into a constituent assembly to propose the amendments, would go on as scheduled next week.
Source: Philippines Daily Inquirer, 19 January 2003
CORY AQUINO: CONVENTION BETTER, SEEKS REFERENDUM. Former president Corazon Aquino said Sunday she, too, supported changes to the 1987 constitution.
"We're also for Charter amendments," Aquino said through her spokesperson, Lourdes Siytangco. But Aquino, who came to power through Edsa I and was a moving force behind Edsa II, said she preferred Charter change through a constitutional convention. Aquino also proposed that a referendum simultaneous with the 2004 elections be held first. "Before we even push for Charter amendments, we should first feel the real pulse of the people," Siytangco quoted Aquino as saying. "We should ask them, 'Do you want to amend the Constitution or not?'"
"A constitutional convention will be better because it will keep out politicians," she added. "It would allow for a wider range of representatives such as academicians and even ordinary people who will study the Charter." Sources privy to the program marking Edsa II's second anniversary Monday said Manila
As calls for a constitutional convention continued to mount, the chief advocate of a constituent assembly tried an unconventional approach. Samar Congressman Eduardo Nachura, the chair of the House committee on constitutional amendments, urged House Speaker Jose De Venecia on Sunday to do "as the President did," and declare he would not run for prime minister if Charter change resulted in a parliamentary form of government.
Source: Philippines Daily Inquirer, 20 January 2003
PALACE: PINOYS DON’T LIKE CHA-CHA. The Filipino people do not favor Charter change, Malacanang told congressmen pushing for amendments to the Constitution.
Presidential Spokesman Ignacio Bunye said legislators are "mature" enough and should be more sensitive to what the public wants. The latest Social Weather Stations (SWS) survey on Charter change showed that about four out of five people polled, representing 79 percent of Filipinos, said there is no provision in the Constitution that needs amendment. An earlier survey by Pulse Asia said 58 percent of Filipinos do not favor Charter change. Bunye said it would be up to the congressmen how they will respond to the people’s real clamor.
House Speaker Jose de Venecia said on Wednesday there is increasing support for Charter change in Congress. At least 126 out of 216 congressmen voted to act quickly on Concurrent Resolution 16, which seeks to convene the House and Senate into a constituent assembly to pursue constitutional reforms.
Senate President Franklin Drilon immediately shot down the proposal, saying that under the Constitution, a two-thirds vote by the Senate and the House of Representatives is needed to propose amendments when both meet as a constituent assembly.
Source: Philippine Star, 17 January 2003
CHARTER CHANGE MINORITY NOT GIVING UP FIGHT. They may be severely outnumbered but opponents of Charter change in the House of Representatives will put up a good fight on the floor, House Minority Leader Carlos Padilla said Thursday.
Though the House voted 126-2 in a caucus Wednesday in favor of amending the 1987 Constitution, Padilla vowed that those against Charter change would subject House Concurrent Resolution No. 16 to intense debate. The resolution seeks to convene the House and the Senate into a constituent assembly to propose amendments to the Constitution, including its economic provisions and the form of government. The resolution, filed by more than 80 House members, will be up for deliberations next week.
Padilla hinted that the minority and other Charter change opponents might use the quorum, a tried and tested formula for blocking the swift passage of certain measures in the House. On Wednesday, Congressman Gilbert Remulla, Rolex Suplico, Ronaldo Zamora and Antonio Cuenco, who were listed as co-authors asked that their names be withdrawn from the resolution.
Source: Philippines Daily Inquirer, 17 January 2003
NOW, THERE ARE 9 SENATORS AGAINST CHARTER CHANGE. At least nine senators are now against the proposed Charter change (Cha-cha) if the process is conducted through the convening of the House of Representatives and the Senate into a constituent assembly.
The senators are Senate President Franklin Drilon, Senate Pro Tempore Juan Flavier, Majority Floor Leader Loren Legarda, Ralph Recto, Joker Arroyo, Ramon Magsaysay, Manny Villar and Francis Pangilinan. At least 18 votes (three-fourths) in the 24-member Senate are needed so that Congress can convene into a constituent assembly.
Drilon said he would prefer that the Charter be changed through a constitutional convention (Concon) whose delegates will be elected in 2004. Drilon said people had the impression that any proposal from both houses of Congress was tainted with self-interest. "That is why the merits of the proposal may not even be discussed on its real merits because of the source," he said. Drilon said, however, that senators were one in reviewing the Constitution but differed on the way to do so.
Source: Philippines Daily Inquirer, 17 January 2003
POLL: 58% OF PINOYS AGAINST CHA-CHA. Most Filipinos still oppose amending the Constitution at this time but support for Charter change or "Cha-cha" appears to be growing, according to a non-commissioned nationwide poll.
Fifty-eight percent of 1,200 respondents said they were not in favor of making any amendments at this time while 42 percent said they were, the opinion poll conducted by Pulse Asia from Nov. 6 to Dec. 22 showed. The poll is conducted quarterly to track the nation’s sentiment on the issue. It has a 95 percent confidence level and a margin of error of plus or minus three percentage points. The poll results contradict claims by some politicians that Filipinos are in favor of introducing amendments to the 1987 Charter.
However, while the majority of Filipinos still oppose constitutional amendments, Pulse Asia said it found more support for amendments now compared to a previous survey conducted in July. In that poll 64 percent of 1,200 respondents nationwide opposed Charter change while 36 percent were in favor. Explaining the results of that survey, pollster Emmanuel San Andres said in an earlier interview that "constitutional overhaul is not high on Filipinos’ agenda right now."
Filipinos were more preoccupied with "other issues that affect them directly" such as prices of basic commodities and electricity rates, unlike "something that is abstract" like Charter change, he said. Previous surveys showed that Filipinos have consistently opposed moves to amend the Constitution.
Source: Philippine Star, 13 January 2003
‘NO TURNING BACK FOR HOUSE ON CHA-CHA’. There is apparently no turning back for the House of Representatives on its Charter change (Cha-cha) initiative.
"It’s the single most important item on our agenda this year," a leader of the chamber said yesterday. The two chambers of Congress resume their session today after a three-week holiday break. The congressman, who did not want to be identified, said, "Since our party boss, President Arroyo, is neutral on Cha-cha and has not stopped us from pursuing it, we will not back out of this initiative."
He said the House now has time for the resolution asking Congress to convert itself into a constituent assembly to consider constitutional amendments because it had already passed the proposed P804-billion budget for 2003, which is pending in the Senate. The resolution was endorsed by the committee on constitutional amendments chaired by Western Samar Rep. Antonio Eduardo Nachura. In a report, the panel claimed that based on nationwide consultations it had conducted, 80 percent of Filipinos favor Charter amendments.
Only a few members of the House are expected to block the measure. Among them are opposition congressmen led by Minority Leader Carlos Padilla, Rep. Imee Marcos of Ilocos Norte and Rep. Benigno "Noynoy" Aquino III of Tarlac. The opposition bloc is against Cha-cha because it suspects that the President’s Lakas allies are pushing for it so they can scrap the 2004 presidential elections and extend the terms of office of Mrs. Arroyo and other officials to 2007, when voting would be held for a parliamentary-type of government.
Source: Philippine Star, 13 January 2003
CON-CON GAINS GROUND IN SENATE. There is now a move in the Senate to amend the Constitution through a constitutional convention (Con-con), as original proponents of amendments through a constituent assembly have already given up the fight.
This came as Sen. Robert Barbers urged the leadership of Lakas-NUCD to pass a manifesto supporting proposed amendments to the Constitution, while Sen. Joker Arroyo criticized President Arroyo for declaring her neutrality on Charter change (Cha-cha) moves.
Meanwhile, former education secretary Raul Roco said Cha-cha is not the answer to the country’s problems. "The economy is not good. The peace and order is not improving. But constitutional debates are not helping (solve these problems)," Roco told reporters.
Sen. John Osmena, a proponent of federalism, said yesterday that he would endorse the holding of election for Con-con delegates as a constituent assembly is now an impossibility.
A constituent assembly needs a three-fourths vote in both the House and the Senate to approve a constitutional amendment. Seven of 23 senators have already rejected a constituent assembly, rendering unattainable the magic number of 18 votes. Earlier, Senate President Franklin Drilon said that while he is against the convening of a constituent assembly, he favors that elections of delegates to a Con-con be held simultaneously with the May 2004 presidential elections. Osmena, however, warned that simultaneous presidential and Con-con elections would politicize the choice of Con-con delegates. Roco noted that it does not matter whatever form of government the country will have.
Source: Philippine Star, 10 January 2003
PALACE REMAINS NEUTRAL ON CHA-CHA. Malacanang will remain neutral on fresh moves to amend the Constitution.
Palace officials also urged Charter change proponents to concentrate instead on solving the country’s pressing problems. "Malacanang is neutral on this issue. The only condition of Malacanang in this debate on Charter change is that this should not affect the holding of the 2004 elections," Press Secretary Ignacio Bunye said. President Arroyo has remained cool on earlier Charter change proposals, saying the country has more urgent problems that needed attention.
Last month, the House of Representatives began the legislative process to convert Congress into a constituent assembly, which would then introduce amendments to the Constitution. However, the move may be derailed because of the Senate’s decision not to pursue Charter change before the 2004 elections.
Under the Constitution, the Charter may be amended either through a constitutional convention, wherein delegates would be elected by the people to the body; a constituent assembly, wherein lawmakers would propose amendments; or a people’s initiative, wherein at least 12 percent of the electorate may propose changes through a petition. All amendments are to be ratified by the people in a plebiscite.
In a joint press statement Monday, Senate President Franklin Drilon, Senate President Pro Tempore Juan Flavier and Majority Leader Loren Legarda said the country faces more pressing problems than constitutional amendments.
Source: Philippine Star, 8 January 2003
ONLY 8 SENATORS NEEDED TO SCUTTLE CHARTER CHANGE. Eight is the magic number. The attempt by the House to convene both chambers of Congress into a constituent assembly will likely be scuttled by the votes of eight senators.
On Tuesday, two neophyte senators who belong to the so-called Wednesday Group spoke out strongly against Charter change. Sen. Francis Pangilinan said Charter change now "will only create intense political debate and divisiveness," while Sen. Ralph Recto said "it will do everybody well (if) we set aside Charter change until after 2004." The Wednesday Group, which meets regularly every Wednesday after regular sessions, includes Senators Joker Arroyo, Noli de Castro and Manuel Villar. It is known to vote as one on important issues.
After the chamber's leadership -- Senate President Franklin Drilon, Senate President Pro Tempore Juan Flavier and Senate Majority Leader Loren Legarda -- declared Monday that they would oppose Charter change before 2004, the move to convene a constituent assembly now seems all but dead. Drilon had described congressmen's call for Charter change before 2004 as "irresponsible." Proponents of Charter change before 2004 need at least 16 votes in the Senate, but with only 23 senators, the votes of the eight administration senators make that almost an impossibility.
Pangilinan underscored the need to immediately address "the fight against crime and corruption and the drive to increase collection of taxes." Recto proposed that "political parties should instead include Charter change in their respective platforms that they would present to voters in the 2004 elections."
Source: Philippines Daily Inquirer, 8 January 2003