‘GMA power to be clipped in gov’t shift whether through con-ass or con-con’

President Arroyo’s stay in power cannot be extended by the amendment of the Constitution to shift from a presidential, bicameral system to a unicameral, parliamentary form of government, a delegate to the 1971 Constitutional Convention said yesterday.

Speaking before a Senate hearing on constitutional amendments, former Cebu governor Pablo Garcia, a member of the body that drafted the 1973 Constitution, said Charter change will not be good for Mrs. Arroyo because an interim parliament to be installed before the end of her term would diminish the powers of the Office of the President.

"When the parliament is in place before 2010 then there will be two polar centers of power, the prime minister and the president," he said.

"There is an interim parliament, an interim arrangement under the transitory provisions. In fact, the amendments in the transitory provisions are not good for the President."

On the other hand, Fr. Joaquin Bernas, SJ, Ateneo Law School dean emeritus, disagreed with Garcia that Cha-cha would not benefit Mrs. Arroyo.

"As I understand it, the powers of the President would continue until 2010," he said.

"Whoever is elected as prime minister will only have such power as delegated to him by the President. So, she was preserving her power until 2010."

He shared the impression of Sen. Jinggoy Estrada that Mrs. Arroyo and her allies at the House of Representatives were pushing for Cha-cha to "perpetuate themselves in power."

Bernas and Garcia were responding to queries from Senator Estrada, whose father, President Joseph Estrada, was ousted by a military-backed civilian uprising that installed Vice President Gloria Arroyo to the presidency in 2001.

The two were among the resource persons at the resumption of the hearings of the Senate committee on constitutional amendments led by its chairman, Sen. Richard Gordon.

Bernas said there is no need to revise or amend the Constitution at this point because it has become a divisive move to the detriment of the country.

"The biggest problem now is for the Senate to say no to the House," he said.

Garcia said under a parliamentary system, Mrs. Arroyo’s stay in power will only be covered under the transitory provisions of the proposed constitution.

"Sections 1 to 4 of Article 7 (creation of the Office of the President) was repealed," he said.

"Her continued stay in power was only accommodated in the transitory provisions. The President and the VP will only be allowed to exercise their powers unless impeached by the interim parliament."

Garcia reiterated so many times during the hearing that the House of Representatives cannot convene itself as a constituent assembly. The Senate and the House comprise the Congress, he added.

Senators and congressmen do not have to consult the people in a referendum on whether the Constitution should be amended, Garcia said.

Retired Supreme Court justice Vicente Mendoza said Congress may call for a referendum only if it wants to know whether the people would like to have a constitutional convention called. — Christina Mendez