Law experts said timing on the talks of charter change is questionable

Miami
November 25, 2008
Story: Law experts said timing on the talks of charter change is questionable

Law experts that were invited as resource speakers at the committee hearing for charter change at the House of Representatives said that it is not yet time to talk about amending the constitution.

Present during the committee hearing of the Committee on Constitutional Amendments were former University of the Philippines President Jose Abueva, Lyceum University College of Law Dean Pacifico Agabin, Dr. Gaudioso Sosmena of the Local Government Development Foundation, Professor Roland Simbulan of UP's Development Studies and Public Management, political analyst Ramon Casiple, Mahar Mangahas of Social Weather Station.

The aim of the committee is to have public consultations on their view about charter change.

Abueva said, “People and media are against Charter Change initiated by the House or the Senate or both, because they believe the legislators are self-serving. Indeed the people are also distrustful of our senators and representatives.”

Abueva also said he propose Constitutional Convention (Con-Con) rather than Constitutional Assembly (Con-Ass) so that the members on the convention will be chosen by the people against Con-Ass where in the two houses (Senate and House) will have to amend the Constitution.

He added that there are fears that the term of President Gloria Macapagal-Arroyo will go beyond 2010.

Abueva also asks how can Congress propose the amendments to the people in a National Plebiscite before 2010. He said even if the Congress can gather ¾ majority to propose its amendments the senate is not likely to join because political and popular opposition to Charter Change (Cha-Cha) still remains.

Meanwhile, Simbulan said, “Any move to amend the constitution will always be subjected to suspicion and the objection on it will become stronger.”

Simbulan added that the perception on amending the constitution is all about self-interest of the people in the government.

Agabin on the other hand, remind them that if they will push through with Constitutional Assembly, both Senate and House can meet jointly but in terms of voting they will do it separately. He also talked about the concept of legitimacy which he puts in three characterizations; legal which involves legal norms in amending a constitution; sociological which give stress on respecting its citizens and moral which claim of authority ascertain by law.

They are one in saying that the Constitution should be amended but not so soon or before 2010 elections. The resource speakers want to have a charter change after the 2010 elections so that the suspicions on longing the term of Arroyo administration.

“Our people deserve a better governance,” Abueva commented.

Congressman Victor Ortega, Chair of Committee on Constitutional Amendments said that all resolutions pertaining to constitutional amendments will have to go in process,” there will be no shortcuts or surprises.”

The process he is referring to is that a resolution should be submitted to secretary general then to Committee on Rules to be referred at the plenary and referred on to what committee the resolution would be fall.

The militant groups like Kilusang Mayo Uno, Urban Poor Associates, Bayan, Black & White movement were also represented and expressed their feelings on opposition to charter change.

Juan Lagman representing the Urban Poor Asociates said they meet some people living in squatters area somewhere in Tandang Sora to ask about their view about charter change. On the 60 people that they approached, only 9 responded to their question on charter change. Out of 9, only 1 seems to understand the charter change.

Agabin reminded that the members of Congress should have a broader vision on amending the constitution because they know the needs of their constituents and it should reflect moral values.