The House of Representatives has approved on second reading the Resolution of Both Houses No. 6 calling for a constitutional convention (Con-con) to propose amendments to the 1987 Constitution of the Philippines.
Among the three modes of amending the Constitution, the RBH 6 said the calling for the Con-con to propose amendments to the charter would be the most âtransparent, exhaustive, democratic and least divisive means of implementing constitutional reforms.â
The RBH 6 was approved on second reading through viva voce voting.
Under the RBH 6, the Senate and the House of Representatives with a vote of two-thirds of all of its members, voting separately, to call a Con-con for the purpose of proposing amendments to, or revision of, the 1987 Constitution, with the election and appointment of delegates to be held on October 30, 2023, simultaneous with the Barangay and Sangguniang Kabataan Elections.
Last November 21, 2022, a Petition for Indirect Initiative under Republic Act 6735 or the Initiative and Referendum Act was referred to the House Committee on Constitutional Amendments seeking among other, for the House to enact a law calling for a constitutional convention which provides for the election of its delegates and the corresponding appropriation therefor. It was proposed by the Kapatiran Party represented by Edilberto Cuenca, Norman Cabrera and Atty. Alex Lacson.
Unconstitutional?
Albay Rep. Edcel Lagman on Tuesday said the deliberations on RBH 6 calling for a Constitutional Convention presently conducted by the House of Representatives singly without meeting in joint session with the Senate is clearly âunconstitutionalâ and must cease immediately.
Lagman has moved to postpone the plenary deliberations of RBH 6 but failed due to lack of support.
When the Congress called for the convening of a Constitutional Convention, Lagman said it exercises constituent power under Article XVII of the Constitution on âAmendments or Revisionsâ of the fundamental law requiring the House of Representatives and the Senate to hold joint sessions.
Lagman reiterated that the constituent power of the Congress is exercised in three different modes, namely: acting as a Constituent Assembly directly proposing amendments to the Constitution; calling for a Constitutional Convention to amend or revise the Constitution; and submitting to the electorate the question of calling for a Constitutional Convention.
âAuthorities on constitutional law are unanimous that when the Congress exercises any of the modes of its constituent power, it must meet in joint session on a face-to-face interaction among Members of the House and of the Senate,â he said.
âNeither the House nor the Senate can proceed separately from the other in the exercise of its constituent power,â he added.
Last week, the House of Representatives started the plenary debates on Resolution of Both Houses 6 calling for a Constitutional Convention to propose amendments to the 1987 Constitution.
The convention is mandated, through a process of public hearings and deliberations, to submit the proposed charter change for the peopleâs ratification which shall be held not earlier than 60 days nor later than 90 days upon approval of the amendments or revisions, and the same shall be valid only when ratified by a majority of the votes cast.
The House Committee on Constitutional Amendments last Monday approved a bill accompanying the Resolution of Both Houses (RBH) No. 6.
This bill, if passed, will be the enabling law implementing RBH No. 6. The plenary will conduct separate debates on this bill.
Under the proposal, the Con-con will be hybrid with 304 elected and appointed delegates with 1 delegate elected from each of the 253 congressional districts.
The measure said that 253 delegates will be elected in polls to be held simultaneously with the next Barangay Sangguniang Kabataan Elections on October 30, 2023.
The bill, meanwhile, said 20 percent of the total number of Con-con delegates from various sectors will be jointly appointed by the Senate President and House Speaker.
These sectors include farmers, senior citizens, youth, urban poor and indigenous peoples.
The bill said the convention shall meet in the session hall of the House of Representatives on November 20. The President of the Senate and the Speaker of the House of Representatives shall jointly preside at its opening until a presiding officer is elected by the convention among the delegates.
âCon-Ass more practicalâ
Senior Deputy Minority Leader Paul Ruiz Daza questioned the hybrid Con-con vis a vis the more âpractical, expedient, and transparentâ Constitutional Assembly (Con-Ass).
During his interpellation of House Committee on Constitutional Amendments Chairman Rufus B. Rodriguez, Daza pointed out that a Con-Ass is more aligned to the Committeeâs explicit objective to revise key economic provisions of the 1987 Philippine Constitution.
He also highlighted how a Con-Con is a âfree for allâ which opens up the possibility of a complete Constitutional overhaul.
Rodriguez noted Dazaâs comments and said he would urge the committee to focus only on the economic provisions.
Daza maintained that the Con-Ass was a more focused and transparent process to do this.
Daza revealed that a Con-con may cost P10 billion to P15 billion, while a Con-Ass would have âminimal or no [additional] costâ to the Government.
The money, Daza said, would be better spent on critical alleviation programs like scholarships and medical assistance.
âIt would go a long way to help the average Filipino,â he said.
Rodriguez concurred with Daza that the whole exercise may cost up at least P10 billion, however, he countered that the amount is âa small price to payâ to open up the economy to more Foreign Direct Investments (FDI).
Daza also said that a Con-Ass will foster less controversy.
âThe process of choosing the representative-delegates to this Con-Con may become another opportunity for divisiveness,â he said.
âWhile I appreciate the good intentions, a potentially divisive and costly exercise at this point may do more harm than good,â he added.
Image credits: AP/Aaron Favila