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Tuesday, December 02, 2008

 

‘Cha-cha’ backers press SC

Charter change bad for GMA,Bernas warns

By Sammy Martin, Reporter
 
Members of the majority bloc in the House of Representatives want the Supreme Court to play into their hands in their push for Charter change or “Cha-cha.”

Rep. Arthur Defensor of Quezon City on Monday said the main objective behind fresh attempts of the House majority to pitch for “Cha-cha” is to force the High Tribunal into ruling in favor of either Constituent assembly (“Con-ass”) or Constitutional convention (“Con-con”) as the mode for effecting amendments to the 1987 Constitution.

“We are only looking for a trigger mechanism, to force the Supreme Court to make a decision [on how amendments to the Constitution should be done],” said Defensor, also the House majority floor leader.

Under the Con-ass, the Senate and the House will vote jointly. Congressmen outnumber senators. Under the Con-con, the two chambers vote separately.

What the House majority specifically wants, according to Defensor, is for the Supreme Court to make the ruling immediately so that amending the Constitution could be done right after the 2010 elections or during the Fifteenth Congress, which begins in mid-2009.

He explained that a resolution filed by House Speaker Prospero Nograles Jr. and that by Rep. Luis Villafuerte of Camarines Sur that had not been filed yet would only serve as their guide in pushing Charter change.

The two resolutions, Defensor said, do not propose a term extension for elective officials.

Since they do not, he added, Caloocan Bishop Deogracias Yñiguez should stop saying that these two and other resolutions are only meant to extend the term of President Gloria Arroyo. Yñiguez joined a protest action against “Cha-cha” at Liwasang Bonifacio in Manila on Sunday

“And even if the congressmen push for term extension, do you think the senators will approve it?” Defensor asked. President Arroyo’s term ends in 2010.

Earlier, Nograles filed House Resolution 737 with the support of 163 lawmakers to amend the 1987 Constitution. Also specifically, the resolution aims to amend only Sections 2 and 3, Article 12 of the 1987 Constitution or the economic provisions to allow 100-percent foreign ownership of lands.

The still unnumbered Villa­fuerte resolution signed by 167 lawmakers calls on the Senate and the House to convene into a Constituent assembly.

Against ‘Cha-cha’

On Thursday, at least 23 lawmakers, including former House Speaker Jose de Venecia Jr. crossed party lines in filing House Resolution 888 expressing vehement opposition to all moves to amend the Constitution before June 2010.

One of the signatories, Rep. Teofisto Guingona 3rd of Bukidnon, said he and other members of the House minority would counter the signature campaign of the congressmen behind Cha-cha.

“It is easy to get 65 signatures to kill [the resolution] proposing ‘Cha-cha’ even after several Malacañang allies had already signified their intention to support the measure,” Guingona added, apparently referring to the Villafuerte resolution.

“All we need is 60 warm bodies in the actual count in the plenary, and we can get the magic number to finally bury Cha-cha before the year ends,” he said.

Guingona expressed belief that the administration congressmen, through the Nograles and Villafuerte resolutions, want to test the waters if they can push through with the lifting of term limits and avoid the scheduled 2010 elections by postponing them for 2011 to have enough time to cook “Cha-cha.”

Stop speculations

Nograles said antigovernment groups should stop feeding the people with speculations and innuendos in their effort to thwart constitutional reforms.

“The Cha-cha moves will always remain controversial in any administration, past, present or future, and won’t get any unanimity,” Nograles said in a statement. “That’s the reason why as leader of the House, I would like to push for an open, public and transparent debate with no hidden agenda and with cards on the table.”

“Constitutional reform is larger than partisan interests,” he added. “It involves correcting the defects of the Constitution. It underscores our ability to embrace or reject change.”

Bernas warning

A known constitutionalist disagreed, warning that pushing for constitutional amendments at this time would only add more fuel to the people’s supposed dissatisfaction with the Arroyo administration.

Fr. Joaquin Bernas, SJ, made the warning a day after Yñiguez and several advocacy groups held a protest rally against Charter change in Manila.

Bernas, in a report posted on the website of the Catholic Bishops’ Conference of the Philippines (CBCP), urged “Cha-cha” proponents in Congress to pursue their plans after the 2010 elections to remove doubts that they are only after extending the President’s term beyond 2010.

“I think we will have to make some changes there, in our Constitution . . . but I think it should be [done] after 2010 so we can remove the suspicions,” he said, echoing the stand of the bishops.

The bishops’ group also proposed that amendments to the Constitution should me made through the Con-con, not the Con-ass.

Used to protests

Malacañang also on Monday said it is not alarmed at the protest actions against “Cha-cha” since such moves are part of democracy.

Executive Secretary Eduardo Ermita said the public should not worry about the initiatives in Congress seeking amendments to the Constitution because it is the people who will have the final say on the matter through a plebiscite.

“There is no cause for concern [over the protest actions] because our lawmakers are following the process based on the Constitution in pursuing amendments to the Charter,” Ermita added.
-- With Anthony Vargas And Angelo S. Samonte

   

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