MANILA, Philippines - Proponents of the move to amend the Constitution may avail of a fourth mode to change the Charter, a congressman said Wednesday.
In this mode, dubbed the "piecemeal legislation," the amendment can be initiated by a House resolution which can act as counterpart of the Sen. Aquilino Pimentel's Senate resolution no. 10 - the bill which calls for the shift to federalism.
The fourth mode is outside the three other options constituent assembly, constitutional convention and peoples initiative which the legislative can avail of.
The fourth mode was based on a proposal of Reps. Hermilando Mandanas of Batangas and Giorgidi Aggabao of Isabela.
It is said to be the brainchild of constitutionalist Fr Joaquin Bernas.
Aggabao said the fourth mode will undergo the usual legislative process" where it will start from the committee level, pass the three readings and voted by a three-fourths of the 238 total congressmen.
It will then be sent to the Senate for approval.
It will be subject by ratification by the people. The fourth mode is not mutually exclusive. Puwedeng i-una iyun, iyun ang sabi ni Fr Bernas," Aggabao said.
However, he said that like La Union Rep. Victor Ortega, he found the modes chances as slim."
Ortega, chairman of the committee on constitutional amendments, told reporters that a counterpart of Pimentels resolution had been filed by Cebu Rep. Antonio Cuenco, and this will be among the issues they will vote on in their Aug. 26 hearing.
When asked what he thinks would be the most feasible mode to amend the constitution, Ortega a law professor said it would be constitutional convention, as it would be least expensive if the election of delegates are held during the May 2010 polls.
Ortega, who belongs to the administration coalition, said it was not practical to utilize the constituent assembly mode, which still has problems on the way Congress (Senate & House) will vote.
He added that the results of a ConAss will always be suspect.
The constitutional convention will be supreme in their own sphere," he said.
But Aggabao, a lawyer, has an opposite view.
The cheapest and most expeditious mode is constituent assembly. The con-con will have a life of its own. But I have serious reservations on con-con because the delegates would surely be retired politicians or related to them," Aggabao said.
Survey
Ortega reported that as of Wednesday, survey results show that 118 members of the House of Representatives or 91.4 percent, want to amend the constitution while 11 or .08 percent, were opposed to it.
Of those polled, 64 wanted the constitutional assembly mode, 49 were for constitutional convention while six were pushing for a peoples initiative, which the Supreme Court struck down for being unconstitutional.
73 want Cha-cha before 2010
Seventy-three (73) lawmakers want Charter change before the May 2010 elections, 26 others insisted this should only be implemented after the presidential polls while 23 suggested this should coincide" or could be synchronized with the elections.
Eighty-eight (88) congressmen are open to a shift from the presidential to a parliamentary form of government while 60 are in favor of federalism, which Speaker Nograles and even opposition Sen. Pimentel have endorsed.
Ortega made it clear, however, that results of the informal survey is not binding and will only serve as a guide" on the committees proceedings. He also reiterated it was not initiated by the Palace, but that he did it on his own volition to get the Houses sentiments.
On talks that pro-Charter change forces are just out to prolong the term of Mrs. Arroyo beyond 2010, Ortega said that none of the bills pending in the House seek term extension.
But Ortega said it was possible if a constituent assembly was constituted to introduce such provisions as term extension. . - GMANews.TV