In the Senate, Sen. Joker Arroyo warned again yesterday of a possible violation of the Constitution if the House or the Senate fails to muster a quorum, and even worse repercussions if the lower chamber uses the so-called "mumbling roll call" tactic to falsely claim there is one.
"The special session cannot be formally convened unless both houses can declare that each have a quorum. Let’s hope that the House does not resort to the infamous mumbling roll call where the names of 250 congressmen are called in just 10 seconds and a quorum is declared even when there is none," Arroyo said.
House Minority Leader Francis Escudero expressed the same concern, telling House leaders that failure on their part to gather enough attendance could open the VAT bill up to constitutional and legal challenges before the Supreme Court.
If the House cannot muster the numbers, can the special session begin, and can the Senate proceed to tackle the VAT measure, assuming the smaller chamber gathers a sufficient number of senators?
The majority and minority blocs in the House are divided on these issues. And with many of its members still on vacation either abroad or in their respective districts, the session is not expected to have the needed attendance.
Senate President Franklin Drilon, however, was optimistic about a quorum in the House, saying he has been "assured" of it, but did not elaborate.
"I am confident that the House leadership will be able to muster a quorum. Of course, I cannot go beyond that. That is a matter for Speaker (Jose) de Venecia to address," Drilon said. "But I would like to think our congressmen will be responsible enough to come back (from vacation) and attend the special session."
For Majority Leader Prospero Nograles, it is immaterial whether a sufficient number of congressmen are present to start the three-day session. Responding to queries sent to him by The STAR through text messages, Nograles, who is still in Maryland in the United States, said what is important is for the presiding officers of the Senate and the House to call the special session to order, and for one chamber to have quorum.
"So long as both houses (of Congress) are called to order, one chamber can proceed to do business even if the other has no quorum. At least one must have a quorum. The special session cannot proceed if both chambers do not have quorum. That’s the rule," he said.
Nograles said the House will start the special session to allow the Senate to proceed with its business and suspend it if a member questions the quorum.
"No big deal, really. It’s the Senate that needs the quorum to finish (the) VAT (bill). We in the House will just wait," he added.
Sources said at least 16 senators are expected to attend the special session, eventually assuring a quorum.
Apart from Drilon, other senators seen to be present are Senate Majority Leader Francis Pangilinan and Senate Minority Leader Aquilino Pimentel Jr.
Escudero’s views on the quorum issue are exactly the opposite of Nograles’.
The young congressman said both the Senate and the House, as in regular session, must have a quorum in order to start today’s special session.
He said the minority will question the attendance if there is only a sprinkling of members in the large session hall of the House this afternoon.
If the House fails to muster a quorum and the Senate approves the VAT bill during the special session, the measure can be challenged before the Supreme Court on the grounds that the procedure of its approval is flawed, Escudero stressed.
Asked if the minority would initiate the legal challenge, he said, "we will consider that."
Even if enough congressmen attend today’s session, senators are not expected to finish deliberating on the VAT bill until Friday. And even if they approve it, the two chambers would still have to convene a bicameral conference to finalize the measure.
Escudero’s views are similar to those expressed by Arroyo, a former Makati congressman, who since last week has urged House leaders to accurately record the attendance in their chamber.
Arroyo also predicted that some pro-administration senators would insert amendments calling for the increase of the VAT from 10 to 12 percent, and for maintaining VAT exemptions on power and fuel producers.
He however expressed doubt that these would push through.
"It would require an amendment to increase (the 10 percent) to 12 percent as Malacañang wants to," he said, adding any senator who stands against the chamber’s version would be voted down.
"Either way, the VAT rate would stand at 10 percent in the Senate. End of story," Arroyo emphasized.
The House has approved two VAT bills: one increasing the rate from 10 percent to 12 percent, and the other lifting VAT exemptions, except on eight specific products and services.
On the other hand, the Senate wants the rate to be kept at 10 percent. But it calls for a wider application of the tax.
Drilon likewise said a majority of the senators would adopt a "no two percent" increase stance.
Instead of increasing the VAT rate, Pimentel said a better VAT collection system would enable the cash-strapped government to address its financial concerns.
"It would be much better to cure the weakness in the VAT collection system than to raise the VAT on goods and services and make life difficult for ordinary Filipinos," Pimentel said in a statement.