Cha-cha solons to Senate: Only SC can declare our reso 'unconstitutional'

MANILA, Philippines - Proponents of Charter change in the House of Representatives on Thursday said it is the Supreme Court which should decide on the the constitutionality of the conditions in a constituent assembly. In a text message to GMANews.TV, House Speaker Prospero Nograles said the proper forum to determine the constitutionality of the House's impending efforts to convene Congress into a constituent assembly is the Supreme Court. "I think the proper forum to declare it not constitutional is the Supreme Court, not (the) Senate. But I respect their opinion as they should respect (the) opinion of the House," Nograles said. Nograles made the statement hours after all 23 senators signed a resolution by Sen. Francis Pangilinan declaring a House-only constituent assembly "unconstitutional." This was echoed by Kampi president and Camarines Sur Rep. Luis Villafuerte, the author of a yet unfiled resolution seeking to convene Congress into a constituent assembly. He likewise said that it is the Supreme Court which should be the final arbiter in the issue. "I don't think the Senate can declare an act of Congress unconstitutional. The Supreme Court is the one empowered to do so. The senators cannot pre-judge how the Supreme Court will decide on whether we should vote jointly or separately," said Villafuerte in a phone interview with GMANews.TV. Villafuerte pointed out that the resolution, which has been backed by 167 lawmakers, has not even been filed yet so if the Senate brings the issue to court the Supreme Court will likely dismiss the issue. "They are contesting a resolution which has not even been filed yet. Let them bring it to the Supreme Court and it will be dismissed," said Villafuerte. He also said that the Lambino vs. Comelec regarding the people's initiative ruling cited by the Senate in its resolution cannot necessarily be applied to a constituent assembly. "The set of facts upon which the Supreme Court decided on the people's initiative case is different from the set of facts upon which the legal principles will be applied in the case of con-ass," said Villafuerte. Villafuerte said he is only trying to establish the mode of amending the Constitution in his resolution by trying to create a justiciable controversy that will compel the Supreme Court to finally decide on how a constituent assembly should vote. He also maintained that his resolution does not necessarily ignore the bicameral nature of Congress, but instead recognizes members of Congress and not Congress as separate institutions. "Ours is not a unilateral act. Ours calls for the convening of all members of Congress," he said. Villafuerte said he is willing to discuss the matter with the senators. "All the time, I am willing to sit down with the senators, I am willing to call for a meeting," said Villafuerte. For his part, House committee on Constitutional Amendments chair and La Union Rep. Victor Ortega said while he has not yet read the Senate resolution, he expects to talk to his Senate counterpart Sen. Francis Escudero about it next week. "Next week's the birthday of Chiz who is now the chair of the committee on Constitutional Amendments, makikipag-usap kami siguro (We'll probably talk to him)," said Ortega in a phone interview with GMANews.TV. - Johanna Camille Sisante, GMANews.TV