Saturday, November 05, 2005

ConCom Cannot Change Process of Amending Constitution

The Constitutional Commission (ConCom) can in no way amend or change the process of amending the Constitution. This was the emphatic statement of Commissioner Lito Lorenzana, Secretary General of the Constitutional Commission, when he clarified what the commission could do or not do.
Lorenzana said that nowhere is there in Executive Order No. 453, which created the ConCom even a presumption that it is empowered to amend the 1987 Constitution. Only the Philippine Congress can do so under Article XVII of the Constitution. There is also no assumption in EO 453 that the Presidency has arrogated upon itself the prerogatives of Congress in creating the ConCom.
Lorenzana clarified that the ConCom is also not writing a draft of a complete constitution. They are only charged to propose revisions and amendments to the constitution, which will be presented to the President at the end of their three-month term.
Contrary to what some people might think, the ConCom members are government employees and receive no salaries said Lorenzana. In effect, the 49 Commissioners are merely volunteers, who headed the call of the President to do a specific task for a three-month period. For her part, Commissioner Romela Bengzon said they were not appointed but were invited to serve which they accepted.
As to whether they report to Congress, Lorenzana said that the ConCom does not report to congress directly or indirectly. The proposals that they have gathered from the consultations will be presented to the President. The President will then send to Congress the proposals for considerations. The ConCom however have been exchanging information with the leadership of the Congress on the sense of the ConCom on the shift from Presidential to Parliamentary government.
The ConCom is basically a consultative body tasked to conduct nationwide consultation that would ensure wide public participation in the formulation of the proposed amendments and revisions to the 1987 Constitution. (PIA 6) mailto:madyaas_pen@yahoo.com

No comments: