Congress adjourns today; ‘no proc’ feared

Congress will adjourn sine die its session today amid questions by some lawmakers on its legal implications with the ongoing canvass of votes for president and vice president.

Senate Majority Leader Francis Pangilinan said the opposition might utilize the sine die adjournment for a "no proclamation" scenario.

Pangilinan, co-chairman of the 22-member joint canvassing committee, argued that the majority and the minority in the Senate should debate whether adopting the sine die adjournment would violate the Constitution.

"We will have to deliberate that on the floor. Senator (Joker) Arroyo has expressed this concern and being part of the majority, we will have to take this proposal," he said.

"What is important (is) we would prevent the matter from being brought again to the Supreme Court to ask about its legality and whether it is in accordance with the law," Pangilinan said.

Senate President Franklin Drilon said they are mandated under the Constitution to adjourn its regular session "on the legislative side."

Drilon also pointed out the approved legislative calendar which states that the Senate has until 5 p.m. today to adjourn.

"It says, adjournment sine die, June 14, 2004. And the Constitution, as I cited to you, said there should be a gap of 30 working days, so we cannot meet after tomorrow (today). Whether or not we meet (today), we adjourn (today). Anyway, it’s deemed adjourned," Drilon said.

For his part, Speaker Jose de Venecia said the House of Representatives as the 12th Congress will have to adjourn today.

De Venecia stated that Article 6, Section 15 of the 1987 Constitution clearly defines the legislative and non-legislative powers of Congress.

He said the legislative power of both legislative chambers of the 12th Congress will have to adjourn while the non-legislative component of the body — the National Board of Canvassers tallying the votes for the president and vice president — will continue.

But some lawmakers claimed the adjournment might have legal implications since the canvassing of the joint body has yet to finish.

Makati Rep. Teodoro Locsin sparked the debate asking De Venecia to explain how an adjourned Congress could accept and ratify the report of the joint canvassing committee to proclaim the president and vice president.

"If we adjourn Mr. Speaker, what assurance do we have that the life of the 12th Congress is not thereby extinguished and the task of completing the canvass and proclaiming the president and vice president rendered impossible and unauthorized?" Locsin asked De Venecia.

Locsin proposed that the session be suspended or for President Arroyo to call for a special session.

Maguindanao Rep. Didagen Dilangalen, for his part, pointed out that the scenario during the 1992 and 1998 elections where the canvassing was done after Congress adjourned cannot be applied anymore.

Dilangalen said the process was unconstitutional and "the minority would no longer tolerate it this time."

Laying the Predicate

Taking note of Dilangalen’s arguments, De Venecia later told reporters that allies of opposition presidential candidate Fernando Poe Jr. in Congress appear to be "laying the groundwork (for) future questioning (of) the legality of the proceedings (canvassing)."

"I think they’re (opposition) probing," De Venecia said.

Davao City Rep. Prospero Nograles, a member of the joint canvassing committee, said the opposition raised the adjournment bogey so they can use it to cast doubt and malign the integrity of the canvassing "if it doesn’t go the way they want it."

Other administration lawmakers led by House Majority Leader Neptali Gonzales and Western Samar Rep. Antonio Nachura rushed to De Venecia’s defense and pointed out the Constitution was explicit that Congress must adjourn.

Under the Constitution, Congress must adjourn 45 days before the fourth Monday of July, when the new set of elected legislators come in.

Lawmakers from both sides of the political fence have expressed mixed views of the development, with some saying it may lead to a constitutional crisis since Mrs. Arroyo’s term ends on June 30.

Manila Rep. Harry Angping said he would seek to clarify with congressional leaders whether or not the canvassing should continue even as Congress has already adjourned.

"Once Congress adjourns, it could no longer meet in joint session to proclaim the winners," Angping said.

Opposition lawmaker Sorsogon Rep. Francis Escudero, said that a 22-member joint canvassing committee which is spearheading the final count has "a separate authority over and above the legislative calendar."

"We are sitting in joint session as a national board of canvassers," Escudero said.

For his part, Sen. Manuel Villar Jr. said the leadership of the Senate and the House of Representatives should consider deferring the adjournment of Congress until after the proclamation of the winners to erase doubts on the regularity of the canvassing by the joint committee.

Villar pointed out the joint canvassing committee will still have to report to the joint plenary session of Congress the results of the canvassing to ratify the proclamation of the winners.

"But there will be some inconsistencies if ... the 22-man joint committee which has canvassed the votes for president and vice president and proclaimed the two highest leaders of the land, will report it to Congress which had sine die adjourned. I don’t see any problem if we will sine die adjourn after proclaiming the president and vice president," Villar said.

Villar said that in 1992 and 1998, no one questioned the sine die adjournment of Congress.

But, according to Villar, this might no longer be the case since the canvassing of votes for the May 10 presidential elections has been "too controversial."

"If the situation as hot as like this while the country is looking for stability, gray areas such as that should first be clarified and we must always stay at the safest side," he said.

Opposition Sen. Teresa Aquino-Oreta agreed with Villar, saying the adjournment of Congress while the canvassing is ongoing is like "declaring that Congress has no more job to do."

"How can we adjourn sine die while the counting is still ongoing. I guess that question will be thrown now. What personality do we have at the end of the canvassing to proclaim whoever is the winner when we are not in session anymore," Oreta said.

Oreta also took note that during the 1992 and 1998 elections, no one questioned the adjournment sine die while the canvassing is ongoing.

But Oreta said the prevailing political conditions cannot be compared to the 1992 and 1998 elections and canvassing since the incumbent president is also a candidate. "That makes a lot of difference," she said.

"If she (Mrs. Arroyo) did not run. I don’t think the situation right now will exist. But she reneged on her words as usual so questions have to come up, including our act of sine die (adjournment)," Oreta said.

Senate Minority Leader Vicente Sotto III said he sees nothing wrong in the adjournment.

But Sotto clarified he cannot speak on behalf of the opposition.

"I can only speak for myself. As that issue is concerned, my understanding is that we may adjourn sine die while the national board of canvassers remain. We did not adjourn session, we only suspended session at the (National Board of Canvassers)," Sotto said. -with AFP