Wednesday, November 29, 2006 Aportadera: Con-Ass will provoke constitutional crisis By Atty. Billy Aportadera Rights And Duties
THE most dangerous thing that could happen in the republic is when the representatives of the people do not listen to the voice of the people but listen to the voice of Malacañang.
Notwithstanding the negative results of surveys on people's initiative and on congressional initiative through constituent assembly, Malacañang and its conspirators in the House of Representatives are hell bent on pushing through with the revision of the Philippine Constitution.
To them, political end of remaining and perpetuating themselves in power is paramount to and justifies the constitutionally infirmed means they are employing.
The majority in the House proudly announced that Malacañang has given them the go ahead for a unicameral voting to propose constitutional revisions. They will vote on a constituent assembly without the participation of the Senate. They will open plenary debate on December 11, and 10 days after, vote on revisions to the Philippine constitution. Then they will petition the Comelec for a plebiscite. The whole scripted process would be over by December 20.
There is political arrogance on this determined stance of the Arroyo administration. After losing people's initiative before the Supreme Court, the Arroyo administration intends to create another constitutional crisis by challenging the very Constitution it seeks to revise by a constituent assembly.
A constituent assembly is composed of members of the House of Representatives and the Senate. However, under the twisted interpretation of the lawyers of the Arroyo administration, a constituent assembly is composed of the three-fourth majority of the House of Representatives and excludes the members of the Senate.
Given the present composition of the House of Representatives, it is composed of the elite political class of Philippine society. To give the House of Representatives the task of amending or revising the fundamental law of the land would merely entrench the interests of the elite political class. They are men of means and well versed in the politics of the drawing board.
In fact, the provisions for the revision of the Philippine constitution are ready and done by the architects of the Arroyo administration. What they need is only a semblance of constitutionality to complete the process of perpetuating themselves in power.
Senator Joker Arroyo has cautioned the Arroyo administration to give up any initiative to amend or to revise the Philippine Constitution. Instead, the Honorable Senator urges the Arroyo administration to work for clean and honest elections in 2007.
To redeem itself, the Arroyo administration should dispel the perception generated by the "hello garci" tapes; appoint a nominee of the opposition to the Comelec; and to abandon initiatives on amending or revising the Philippine Constitution before the 2007 elections.
The Arroyo administration should listen to the higher law of "the voice of conscience" and not to the law on political opportunities. Let the Filipino speak out and let them rewrite their fundamental law through duly elected delegates to a constitutional convention. Let this be done after the 2007 elections.
(Attorney Abelardo "Billy" Aportadera Jr., former Commissioner on Human Rights and former Assistant Ombudsman, and a member of Philconsa. E-mail address: apo_lawoffice@pldtdsl.net; Web address: http://billyaportadera.blogspot.com)
