PARENTS, children, nephews or nieces, grandchildren, and even great grandchildren of incumbent national and local government officials may be elected or appointed as delegates to the hybrid constitutional convention (con-con) under the still unnumbered bill approved Monday by the House Committee on Constitutional Amendments.
And by the words of no less than panel chairman Rep. Rufus Rodriguez (Cagayan de Oro City), this can affect the existing provision of the 1987 Constitution regarding political dynasties.
Cavite Rep. Roy Loyola tried to prevent this by proposing that Section 3 Line 4 of the bill be amended to include the clause “and must not be related within the fourth degree by blood or affinity to any incumbent local and national elected officials.”
In the original text of the proposed measure, the only requirements for con-con delegates were that they be natural born citizens of the Philippines, at least 25 years old at the time of being selected, must have graduated from college, at least a one-year resident and a registered voter of the district he/she will represent, and have never been convicted by final judgment of any crime involving moral turpitude.
Rodriguez hailed the proposed amendment as a “very good point for disqualification,” adding that it will have an impact on the constitutional prohibition on political dynasties.
While proponents of the bill initially accepted Loyola’s proposed amendment, Isabela Rep. Antonio “Tonypet” Albano raised objections on the ground that it would automatically exclude a large number of professionals and experts simply due to their being kin to a public official.
“I object since the quality of people (who will be selected) might be diminished. That would also impinge on the right of the relative especially if he or she is very much qualified or is an attorney, or a former con-con delegate. That is very restrictive,” the lawmaker argued.
Albano’s objection necessitated a vote by members of the panel resulting in a 12-9 vote with one abstention in favor of removing Loyola’s amendment and retaining the original text.
Loyola said he is considering options about re-introducing the amendment when the bill is submitted for deliberations in plenary.
Under the bill, the hybrid con-con will have 304 members, with 253 elected from existing legislative districts and 51 delegates to be appointed jointly by the Senate President and the Speaker of the House of Representatives.
Cavite Rep. Elpidio Barzaga had proposed that the number be trimmed to just 91 and the selection be done by regions to save taxpayers money, but his amendment was also defeated by a 15-3 vote with one abstention.
Barzaga pointed out that the 1787 Constitution of the United States was drafted by only 55 delegates while the Philippines’ own 1935 Concon only had 98 delegates.
UNCONSTITUTIONAL
Minority Rep. Edcel Lagman (LP, Albay) warned that the deliberations of the lower house on Resolution of Both Houses (RBH) No. 6 calling for a constitutional convention without meeting in joint session with the Senate is unconstitutional and must cease immediately.
He explained that when Congress calls to convene a constitutional convention under Art. XVII of the Constitution on “Amendments or Revisions,” it requires the House of Representatives and the Senate to hold joint sessions.
“Authorities on constitutional law are unanimous that when the Congress exercises any of the modes of its constituent power, it must meet in joint session on a face-to-face interaction among members of the House and of the Senate. Neither the House nor the Senate can proceed separately from the other in the exercise of its constituent power,” the lawmaker pointed out.
Sen. Robin Padilla, chairperson of the Senate Committee on Constitutional Amendments and Revision of Codes and Laws, is likewise cold to the proposed hybrid con-con to introduce amendments to the 1987 Constitution.
Padilla said, though, that he can change his mind in favor of it if the Filipino people wants it.
Padilla said he is against con-con since it would require big expenses on the government and there is no certainty that provisions in the Charter other than the economic ones will not be opened for amendments.
Padilla has authored a bill seeking to amend the “restrictive” economic provisions of the Constitution by way of a constitutional assembly mode.
Padilla cited a study of the National Economic and Development Authority (NEDA) that a con-con will cost around P28 billion just to elect the delegates.
“Wala pa ang gastos sa pa-sweldo sa con-con delegates, opisina nila. Malaki ‘yan (That does not include the expenses for the salaries of con-con delegates, for their offices. That will be a big amount),” he added.
Last week, Padilla filed a resolution seeking to convene the Senate and the House of Representatives into a con-ass to amend the economic provisions of the Charter. He earlier filed Resolution of Both Houses No. 3 for a Charter change through a con-ass with both houses voting separately.
Padilla said the House committee’s move to form a con-con was a welcome development but urged his counterparts in the lower house to first tackle the economic provisions of the Constitution since touching the political provisions will take a lot of time.
“Kapag pinag-usapan natin ang political structure ng bansa, mga mahal kong kababayan, litawan na diyan ang kanya-kanyang interes sa politika. Ang haba po niyan (If we tackle the political structure of our country, those with vested interests will surely surface. That will take time),” Padilla said.
Padilla said that while he prefers a con-ass since the body will be composed of lawmakers themselves, he said he may agree to a con-con if requested by the people like what the House committee did in its hearings where stakeholders were invited. — With Raymond Africa
