Saturday, September 09, 2006

E D I T O R I A L

The Rule On Charter Change

The elections for 2007 will be cancelled if President Gloria Macapagal Arroyo’s allies in the House of Representatives succeeded in amending the constitution of the Philippines.
The House Committee on Constitutional amendments approved Tuesday last week a proposed charter changes which do not fix the date of the next elections.
According to the Makati Rep. Teodoro Locsin, Jr., the committee’s version of the revised constitution leaves the job to the interim parliament to set the date of the next elections. The interim parliament will come to existence only after the people have ratified the Cha-Cha. This interim parliament will be composed of the present members of the House of Representatives and the Senate. This will also include Vice President Noli De Castro.
According to Senator Richard Gordon who is the Senate Committee chairman on constitutional amendments, those members of the House of Representatives "are dreaming, who are thinking they could institute amendments to the constitution."
Gordon does not really care what the House members do on the matter "because this will eventually reach the Supreme Court" Gordon does not mind even if some Congressmen said, "they don’t need the Senate. If it reached the Supreme Court, it will be a waste if time", said Gordon.
According to Locsin who is a member of the House committee on Constitutional amendments, those senators and congressmen who would compose the interim parliament would most likely hang on to their posts after June 30, 2007 after their terms expire.
However, Locsin beleives "if that happens, interim parliament will become an illegal assembly". This situation is an excellent chance for the armed forces to intervene. To avoid this to happen, Locsin suggests the amendments should set a definite date for the next elections. In the original proposal, the next election was scheduled on the second Monday of May 2007, Locsin revealed.
The constitutional amendments committee’s version of the revised Charter is principally authored by representative Constantino Jaraula of Cagayan De Oro City. There is another version of Rep. Prospero Pichay, Jr. of Surigao Del Sur which sets the date of the interim parliament election on the second Monday of November 2007. This interim parliament will be composed of congressmen who will be elected in May 2007 plus the 12 Senators whose terms will end on June 30, 2010.
Jaraula’s version does not mention Vice President Noli De Castro. In Pichay’s, Vice President De Castro will continue as the nation’s number 2 official.
In all versions, President Gloria Macapagal Arroyo is both head of government and head of state with the same powers under the present constitution. Pichay’s version is silent what happens to all members of the House and the 12 senators whose terms expire on June 30, 2007 in contrast to Jaraula’s. It is assumed they would be sticking to their posts in a holdover capacity until the interim parliament assumes office on January 2, 2008 or until they set the date of the next elections.
The scrapping of the May 2007 elections and the extension of terms of congressmen, senators whose terms expire on June 30, 2007 and local officials were proposed by the defunct presidential consultative commission on Cha-cha. These recommendations were made to get the support of these elected officials for Cha-cha.
Senator Gordon meanwhile reminded the proponents of the charter change to observe the rules on amendments to the Constitution which are clearly stated "that any member of Congress can file a resolution to propose the changes and that this would follow the normal procedure for the enactment of laws."
This means that upon approval by the House of Representatives of the resolution on Cha-cha, it could be transmitted to the Senate for its concurrence just like any other bill."
Will these Congressmen allies of Malacañang follow the rule? /MP mailto:madyaas_pen@yahoo.com

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