In a privilege speech, Deputy Minority Leader Rolex Suplico said under the Constitution, it is only Congress than can create an agency or office and appropriate public funds for it.
"Section 29 of Article VI (of the Constitution) provides that ‘no money shall be paid out of the treasury except pursuant of an appropriation made by law,’" he said, quoting the Charter.
"There is no appropriation for a con-com in the 2005 General Appropriations Act," he added.
Suplico said Executive Order 453 creating the con-com has appropriated an initial P10 million for the commission.
Suplico said con-com members even "had the gall" to request more funds from Malacañang.
"On their first day in office, con-com members discussed how much they were going to get in compensation and other emoluments," he said.
Suplico said EO 453 also illegally authorizes the commission to propose amendments and revisions to the Constitution.
The Constitution provides for only three modes of proposing constitutional changes and these do not include a consultative commission, he added.
Suplico said the House of Representatives has a committee on constitutional amendments, which has already recommended a set of constitutional changes.
Suplico said EO 453 also violates the Administrative Code by directing the Presidential Management Staff to "assist in establishing a secretariat for the technical and staff support of the consultative commission."
"Under the Administrative Code, PMS does not have anything to do with amendments to or revision of the Constitution," he said. "Its job is to provide staff support to the President."
On the other hand, Minority Leader Francis Escudero said Cha-cha proponents in the House should protest the creation of the con-com, which infringes on their duties and jurisdiction. — Jess Diaz