Press Release
December 10, 2008

CHIZ SAYS BYPASSING SENATE ON CHA-CHA LEGALLY ABSURD

A stubborn and mistaken legal viewpoint is how Senator Chiz Escudero described the idea and plan to bypass the senate on charter change.

Escudero, chairman of the Senate Committee on Constitutional Amendments, Revision of Codes and Laws said common sense alone suggests that any ordinary legislation requires separate and independent deliberation and voting of the two chambers of Congress.

This after Congressman Luis Villafuerte said the House can go on with amending the constitution without the consent of the Senate in a constituent assembly, which Villafuerte principally authored in the House.

"A legislation alone as mundane as renaming of streets or schools necessitates separate voting of the Senate and the House, how much more any move to amend or revise the constitution?"

As a formal and a difficult process, any congressional initiative to amend or revise the Constitution is not made by ordinary legislation. As such the voting requirement in Congress to make such initiative, either for a constituent assembly or constitutional convention, which requires three-fourths (3/4) and two-thirds (2/3) votes, respectively, shall require the Senate and the House of Representatives voting separately, the senator said.

To entertain the move to change the Constitution at present, he said especially with the persistence of proposals to extend term limits of incumbent officials is morally questionable, if not dissolute.

The Constitution itself speaks of three (3) proscriptions as a safeguard against self-serving legislative actions of members of Congress (Sections 10 and 13, 1987 Constitution); consequently, term extension at the time when such term nearly ends is but tantamount to benefiting the members of Congress who will propose it.

Escudero said if ever there is indeed a need to change the Constitution, it may be done after the elections in 2010, at a time when there shall exist a fresh and legitimate mandate for most, if not all elective officials.

He reiterated his challenge to PGMA to categorically state her position on charter change instead of hiding behind her allies who are high-suspects to perpetuating her hold to political power.

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