Thursday, November 30, 2006 Opposition to sue Palace if it pushes through with Con-Ass
THE opposition will go to the Supreme Court (SC) if Malacañang and its supporters in the House of Representatives will insist on amending the rules in convening a Constituent Assembly (Con-Ass) to tackle amendments to the 1987 Constitution and a shift to a parliamentary-unicameral form of government.
United Opposition president Jejomar Binay, who is also Makati City mayor, said another option being looked at is the mounting of rallies reminiscent of last year's protest action to compel the administration to finally heed the voice of the people who are opposed to proposals to amend the Charter as shown in previous surveys.
"We will exhaust all legal processes including going to the Supreme Court since it is the final arbiter in such an issue," said Binay.
He also said what the administration allies are bent on pursuing is no different than the ill-fated move of Sigaw ng Bayan and the Union of Local Authorities of the Philippines (Ulap) to amend the Constitution through a people's initiative.
Early this month, the high court junked a petition to amend the Constitution through the people's initiative through an 8 to 7 vote and ruled that the signature drive was fraudulent and deceptive.
Aside from going to the court, Binay said they would also mount an intensive campaign to educate the people on the "dangers" of Charter change being espoused by the administration, which he said, "is tantamount to travesty of the country's democratic processes."
This, as an October 21 to November 8 survey of Pulse Asia showed that the number of Filipinos who oppose Charter change grew slightly in November while majority reject the idea of shifting to a parliamentary system and having a unicameral Congress.
The survey, which covered 1,200 respondents, showed that 42 percent of Filipinos do not favor Charter change while 39 percent said otherwise. Last July, the score was 40 percent in favor and 38 percent not in favor.
Those rejecting Charter change are found mostly in Metro Manila (46 percent), Luzon (44 percent), and Class D (45 percent).
Those in the Visayas (47 percent) and the poorest Class E (45 percent) support Charter amendments. In Mindanao and in the best-off Class A, B, C, almost the same percentage of respondents either supports or rejects amending the constitution.
If a plebiscite for Charter change is held today, 39 percent said they would vote while 30 percent said they would not. About 31 percent have not yet made up their minds.
Most of those in Metro Manila (42 percent) and in Classes ABC (48 percent) and E (41 percent) are likely to vote in such a plebiscite while public opinion in
Luzon, in Mindanao, and in Class D is almost split.
However, 59 percent of Filipinos said they are likely going to vote against a proposal to change the country's system of government from presidential to parliamentary. Only 40 percent said they would support it.
Those opposing a parliamentary system are mostly found in Luzon, Mindanao and Class D while public opinion is still divided in Metro Manila, the Visayas, and in Classes A, B, C and E.
Six in 10 (60 percent) of Filipinos said they would reject an amendment changing the unitary or centralized system of government to a federal system. Only 38 percent said they would support it.
Opposition to a federal system is felt in all geographical areas and in all socio-economic classes.
About 62 percent of Filipinos said they would vote against a proposal to turn the bicameral legislature into a unicameral one. Only 38 percent said they would vote in favor of it.
Presidential political adviser Gabriel Claudio said he is "baffled" by the finding because the July Pulse Asia survey showed that more Filipinos favor Charter change.
Claudio attributed the results of the survey to "negative issues and questions that are being equated wrongly or unfairly to Charter change such as speculations about extending the term of officials or the President extending herself beyond 2010.
He expressed hope that the issues would be clarified to the public between now and the day of the plebiscite itself so that the people could be "properly enlightened on the true purpose of Charter change which is reform."
At Malacañang, Presidential political adviser Gabriel Claudio said administration congressmen are frantically pushing for Charter change because it would be "extremely difficult" to do once a new batch of senators is elected in May 2007.
Claudio said the new set of senators would naturally be resistant to the idea, especially if it is about changing the form of government.
"This is the reason why every effort is being made to be able to succeed, to be able to effect Charter change before the elections of May 14, 2007 as originally scheduled under the present Constitution," he said.
"That is the reason it's important that Charter change is effected before the elections. But not for the purpose of canceling the elections but simply having a different kind of election, an election that will this time be for members of parliament," he said.
He said based on the attendance in the three caucuses in Malacañang - which is 191 - "it looks like Congress has the numbers to conduct a Constituent Assembly as claimed by some of the Congress leaders."
Claudio said the media reports about the proposal to cancel the May elections and hold parliamentary elections in November 2007 are "unfair".
"This is not the essence of Charter change. This is not the purpose of the Con-Ass," he said.
He said what government wants is to put up "political structures that would allow the country to develop and achieve a level of political stability much faster than what is happening under a presidential bicameral system."
"Charter change and Con-ass is not about extending the terms of elected officials. It's not about postponing, let alone canceling elections. It is for basic political structural reforms," he said.
Claudio said there was no effort on the part of the House to withhold any information as shown by the fact that the issues and proposals are being discussed openly.
"The intentions are sincere and well-meaning and consistent with the true essence of Charter change," he said.
Claudio said Malacañang is aware that petitions will be filed before the SC questioning the move of the House to convene a Con-Ass based on its interpretation that voting would be done by the House and Senate as one, and not separately.
He said he is hoping that the SC would be "more sympathetic" to the interpretation of the House that a Con-Ass could be convened by three-fourths of all members of Congress voting as one.
Claudio said there will be a "flurry of efforts" from congressmen to try to persuade the Senate to participate in the proposed Con-Ass.
He said the ideal timeline is to convene the Con-Ass by around December 9 or 10 so that a plebiscite could be held before Feb. 12, 2007. This would be followed by parliamentary elections in November.
At the Senate, senators maintained that the "final push" by Charter change advocates in the House of Representatives to convene a Con-Ass sans the Senate's approval, the holding of a plebiscite, and the planned postponement of elections to November 2007 can only be an "act of desperation, illegal, unconstitutional, and immoral."
Senate Minority Leader Aquilino Pimentel Jr. said the administration's plan is a desperate move to avert the inevitable crushing defeat of its candidates in the May 2007 mid-term elections.
Pimentel said the prospect of the administration losing control of the House of Representatives after losing its grip on the Senate is giving President Gloria Macapagal-Arroyo and her political allies sleepless nights because it could eventually lead to her removal from office through impeachment by an opposition dominated Congress.
"I think they are doing this because they have seen the unmistakable signs that administration candidates are bound to lose in the coming polls. The people are fed up with the misrule of President Arroyo. They are wary of voting for candidates identified with her," he said.
Senator Panfilo Lacson, on the other hand, said it will be difficult for the so-called "final push" to get off the ground in the first place because a Con-Ass will require both houses of Congress to separately issue resolutions for a joint session.
"They can dream all they want. They can offer term extensions even if they haven't amended the Constitution to scrap the term limits of lawmakers. Yet, when they wake up, the reality is that they face certain defeat in May 2007. They are dreaming because they are afraid to face the wrath of the voters in May," he said.
Lacson maintained it is impossible for the Lower House to draw up a Con-Ass without a separate resolution from the Senate.
Senator Franklin Drilon, for his part, said despite denials by Charter change advocates in the House of Representatives, it is clear that the administration is trying to railroad Charter change.
Postponing elections, Drilon added, is not good for the country's democracy.
He said extending the terms of elected officials by six months is "immoral" because they will continue to receive a salary beyond their mandated term.
Drilon also said the proposal of majority lawmakers to extend their terms by six months is a ploy to convince senators to agree to their proposal to convene into a Con-Ass.
Senator Francis Pangilinan agreed with Drilon saying that the plan lacks time and legality.
He urged Charter change advocates in the House to reconsider their plan.
Senator Miriam Defensor-Santiago said it will be genocide for all members of the House of Representatives who are pushing for amendments to the Charter via Con-Ass minus the participation of the Senate.
She said that from the very start, the move of the Lower House "is void ab initio."
Santiago, a constitutional expert, said those pushing for Charter change minus the Senate "must all be killed for violating the Constitution."
She said although the House's move is debatable and can be raised before the Supreme Court (SC) in a legal argument, it is still written in the Constitution that both Houses must cast their vote on the matter.
Senator Joker Arroyo said Charter change is dead and the people are tired of the issue already.
Meanwhile, the House leadership is moving heaven and earth just to make good its ultimate dream to amend the Constitution, even if this would mean disregarding the old rules and come up with a new one.
The majority bloc has been contemplating on amending the rules so that Congress is convened into a joint session that would pave the way of amending the Constitution.
The plan of amending the rules is being considered as the most possible way to debate on the amendments in the Constitution directly on the floor.
The majority bloc might file a resolution that would call for amendments of the rules, according to Surigao del Sur Representative Prospero Pichay, one of the major proponents of Charter change.
Pichay cited a provision that amendments to the Constitution can be made through a mere filing of a resolution. He said Section 105 of Rule XV states that "proposals to amend or revise the Constitution shall be by resolution, which may be filed at any time by any member."
But the same provision states that "the adoption of resolutions proposing amendments to or revision of the Constitution shall follow the procedure for the enactment of bills."
But Pichay said the resolution that the majority bloc intends to file should not be treated like an ordinary bill where it should go through the first, second and third reading since the issue would pertain to a constitutional function.
The House can vote on it directly even without the Senate, he added.
He said the resolution was not a concurrent one then the House could only vote on it.
A technical working group tasked to reconcile and finalize the proposed amendments in the Constitution is also set to discuss the possible filing of the resolution.
Tarlac Representative Gilbert Teodoro, one of the members of the technical working group, appealed to his colleagues in the House, particularly members from his party - the Nationalist People's Coalition (NPC) - to shorten the debates on the rules so they could proceed immediately on their target, which is to amend the Constitution as soon as possible.
He said all members of the NPC have assured their support, except for those members who are with the opposition like House Minority Leader Francis
Escudero, South Cotabato Representatives Darlene Antonino-Custodio, and Agusan del Sur Representative Rodolfo Plaza
They have to expedite the matter since the issue is very urgent and should be resolved very soon or before Congress adjourns for its Christmas break.
The resolution can be adopted by a vote of simple majority, the two congressmen said.
Pichay also said the new resolution has been signed by 198 legislators so that the resolution is good as approved. (AH/CPB/JMR/DBP/Sunnex)
