Press Release
February 3, 2009

Transcript of Senator Miriam Defensor Santiago's interview on the revival of charter change in the Lower House

I believe this is a pre-determined Supreme Court case, they just filed that so they could have a cause célèbre --- a means for bringing it to the Supreme Court. But the point they're trying to make is, they can propose a Constitutional amendment not by the means enumerated in the Constitution but by treating the resolution of the House exactly as an ordinary resolution on local matters, and not something as elevated as a Supreme Court amendment. The Supreme Court teaches us how to amend the Constitution and you have to stick to what the Constitution says..

Is it a ploy?

No, it is really a question, among others, have the question settled by the Supreme Court. Can we just ram it through the House and the Senate, as if it were an ordinary bill? Can we treat Cha-cha in the same way as an ordinary bill? Of course not! That's the answer. Instead of going to the Supreme Court, they should have just asked their own experts in constitutional law. But also, it is meant to continuously excite interest on the subject of Cha-cha.

They [the congressmen] don't want to be treated as lame ducks because by 2010 their terms will expire so they have to make a lot of noise.

Will the senators support the move for Cha-cha?

No, because the Senate, at least a majority, has always been one in defying the calls for Cha-cha, at least before the 2010 elections. It will likely not prevail.

Of course I have to say that it depends on what the Supreme Curt ruling is, but I will predict that the Supreme Court will dismiss the case.

On Sen. Enrile's comment that he is open to amending the Constitution with regard to economic provisions

Of course everyone has taken that attitude. Because of the global financial crisis we need to amend our Constitution to allow the investors to move more freely within our country. In other countries, they don't have the limitations our Constitution ordains, so we need to be competitive. But, unfortunately, if you have a move to amend the Constitution only with respect to its economic provisions, there will be legal questions whether you can limit it to those questions or not. That's the problem.

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