'Mousetrap, waste of time': Some senators oppose charter change talks
MANILA, Philippines (Updated 5:25 p.m.) — Senators on Thursday voiced their unwillingness to reboot charter change discussions, citing several uncertainties and more pressing priorities.
This comes after a lawmaker revealed the day before that Speaker Lord Allan Velasco (Marinduque) called for talks on amending the 1987 Constitution to resume at the House of Representatives even though he said just three months prior that there was not enough time for such discussions.
As early as December 7, two administration allies in the upper chamber, Sens. Ronald "Bato" dela Rosa and Francis Tolentino, filed Senate Resolution of Both Houses No. 2 which seeks to convene the 18th Congress as a Constituent Assembly to amend several provisions of the 1987 Constitution citing "mounting economic & health concerns brought about by the pandemic."
"Without the certainty that both chambers of Congress will be voting separately, and there is none due to the vagueness of that particular provision in the 1987 Constitution – and only the Supreme Court can make such interpretation – it’s like taking one big step into a mousetrap, or even quicksand for that matter," Sen. Panfilo Lacson said.
"Having said that, I think all of us 24 senators should discuss this matter very carefully before we even consider plenary debates on the said resolution if indeed there is one filed," he added.
Sen. Francis Pangilinan, who chairs the Senate Committee on Constitutional Amendments and Revision of Codes and Laws, similarly said that a caucus composed of only senators should first discuss the resolution introduced by Dela Rosa and Tolentino.
"Among the issues that can be discussed in the caucus would be the timing of charter amendments considering that the country is facing the worst economic and health crisis in recent memory," he said in Filipino.
"Ngayon ba ang tamang panahon para pag-usapan ito? (Is this the write time to talk about this? In addition is the matter of Congress voting jointly or separately in proposing Charter amendments," he added.
Meanwhile, Senate President Tito Sotto during a virtual briefing told reporters partially in Filipino: "I have always had apprehensions when it comes [to charter change]. I believe that what we need is [a different kind of] cha-cha, character change. We need that more."
Minority bloc to oppose charter change push
But Senate Minority Leader Franklin Drilon said he and Sens. Risa Hontiveros, Francis Pangilinan, and Leila de Lima will oppose any charter change discussions on the Senate floor.
"It will be a total waste of time. It won't fly. Our history tells us that Cha-cha has a zero chance of success in any administration that is already in the home stretch," he said.
"It is a sin to be even talking about changing the Constitution when there is still no end in sight to the pandemic, when the government is struggling to secure funding for [COVID]-19 vaccines, and when the country is still reeling from the continuing impact of the pandemic and the recent typhoons," Drilon added.
For De Lima, a fresh push for charter change "has always been the resort of Philippine presidents whose hold on power is about to end."
"Let us defend the EDSA Constitution from those whose only interest is to perpetuate themselves and their families in power," she said on Twitter.
Is Cha-cha needed to amend 'restrictive,' outdated provisions?
House constitutional amendments panel chair Alfredo Garbin (AKO BICOL party-list) told Philstar.com that Velasco directed him to tackle proposed amendments to “restrictive” economic provisions in the Constitution.
“It’s long overdue. Ours is a 33-year-old Constitution of which its restrictive economic provisions no longer conforms to the needs of the time,” Garbin said in a message on Wednesday.
He also said that political provisions, such as term extensions, would not be tackled during discussions.
But according to Drilon, Congress can just amend and update some economic laws if their true objective is to open up the economy and to attract more investments.
Drilon recalled that he filed twin measures, to amend the Public Service Law, which is 83 years old, and the Retail Trade Liberalization Act of 2000, similarly citing the restrictive requirements of both laws which he said impeded foreign investments in the country. He was referring to Senate Bill Nos. 13 and 14.
Duterte has no intention to extend term — Malacañang, Sotto
Malacañang on Thursday denied claims that President Rodrigo Duterte is seeking to prolong his time in office through charter change.
"The president has made it clear. He has no desire to stay even a minute longer beyond his term of office on June 30, 2022," presidential spokesman Harry Roque said during a virtual briefing.
Roque also stressed the independence of Congress, saying that it was their "sole exclusive prerogative" to convene the Constituent Assembly to amend provisions in the Charter.
But Senate President Tito Sotto himself confirmed that Duterte wants to further crackdown on the CPP-NPA by dissolving or amending the party-list system through charter change. He also confirmed that Duterte suggested amending economic provisions as well.
"What the president clearly asked is.... 'I want this problem with the CPP-NPA solved....' He said the best way [to do this is [to] remove the party-list system, or change it in the constitution so we can call for a constituent assembly and amend that," Sotto told reporters in Filipino, reiterating that the president did not mention term limits.
"And then of course, samantalahin ninyo na (take advantge of it already). You can amend the economic provisions, [Duterte said]. Those two points, pwede na," he added.
"He is very heated on the CPP-NPA issue, and his impression is that some members of the House of Representatives, particularly [the] Makabayan bloc are sympathizers and connected to the CPP-NPA. And many of them are are partylists," Sotto also said partially in Filipino.
The administration and its allies have long asserted that left-leaning party-lists and groups serve as legal fronts for communist rebels. Those red-tagged, in turn, have underscored the danger they are placed in due to these accusations which they characterize as baseless and an attempt to crush dissent.
READ: How exactly does a party-list select its nominees? | Makabayan bloc: Terror tag on CPP-NPA threatens legal groups, prospects for peace
Asked to comment on the revitalized charter change push, Justice Secretary Menardo Guevarra said that, while he was not consulted, "amending the Constitution at any time is provided for in the Constitution itself."
But he maintained neutrality on the matter, adding that "amending the constitution, which represents the voice of the filipino people, is more a political than a legal act."
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