Nograles presses Cha-cha, files resolution for con-ass

(Updated 2:10 p.m.) MANILA, Philippines - House Speaker Prospero Nograles on Wednesday finally set into motion the controversial measure that seeks to convene Congress into a constituent assembly that would amend the 1987 Constitution. Nograles filed House Resolution 1109 – "A resolution calling upon members of Congress to convene for the purpose of considering proposals to amend or revise the Constitution, upon a vote of three-fourths of all the members of Congress" – on Wednesday morning amid widespread opposition to Charter change (Cha-cha). The resolution, drafted by Camarines Sur Rep. Luis Villafuerte, has at least 174 signatories that include presidential son and Pampanga Rep. Juan Miguel "Mikey" Macapagal Arroyo. In an interview with reporters on Wednesday, Villafuerte reiterated that HR 1109 was meant to create a justiciable controversy that would compel the Supreme Court to rule once and for all whether Congress should vote jointly or separately on amendments, and not to introduce specific changes to the Constitution. "The most that we can do is get the resolution convening a constituent assembly approved, trigger a justiciable controversy so the matter can be brought before the Supreme Court, and await their decision. But we can never implement that until after 2010," Villafuerte said. He added that Nograles is the primary author of the resolution, and that he just drafted it. The resolution pointed out that under the 1987 Constitution, it can be amended on a vote of three-fourths of all its members, in contrast with the 1935 Constitution which specifically stated that Congress in a joint session could propose amendments that must be voted on separately by both Houses. Villafuerte said there would not be enough time for the House to act on specific amendments – even if the Supreme Court were to rule that members of Congress should vote jointly on amendments before the filing of candidacy on November – because politicians would be too busy campaigning for the May 2010 elections. Villafuerte made the statement amid fears by critics of the Arroyo administration that Palace allies in the House are seeking to extend President Gloria Macapagal Arroyo's stay in power. No term extensions According to the resolution, its signatories and proponents have "resolved with finality" that the terms of the following will not be extended – the incumbent president and vice president, senators, representatives, governors, mayors, and other elected officials whose term of office will expire in 2010. It also provides that the 12 senators who were elected in 2007 for a six-year term will be allowed to finish their terms, and that the 2010 elections should push through as scheduled. The resolution also notes that the proposal to amend the Constitution's economic provisions – an apparent reference to Nograles's House Resolution 737 – cannot be resolved until the mode for amending the charter is "convened and made operational through the application of Article XVII Section 1 of the present Constitution." HR 737, which is currently up for plenary debate, seeks to lift restrictions on foreign ownership of land and corporations in the country. According to Nograles, it will undergo the normal legislative route for the enactment of bills, which means it would have to be approved separately by the House and the Senate. But Villafuerte himself challenged the route being taken by HR 737, saying it would be unconstitutional because the 1987 Constitution provides for only three modes of amending the Constitution – through a convening of Congress members or a constituent assembly, through a constitutional convention, or through a people's initiative. "Since Speaker Nograles is the author also of the resolution that I drafted, I think the proper procedure will be to suspend consideration of the 737 resolution on economic provisions and let go of the resolution that I drafted which he himself has principally authored so that we can convene a constituent assembly," Villafuerte said. Both resolutions, however, are unacceptable to charter change critics in the House. Akbayan Rep. Risa Hontiveros-Baraquel said HR 1106 could be taken up in plenary despite its strong backing as it had not been passed by the Committee on Constitutional Amendments. "Deliberations on HR 737 should be suspended for being unconstitutional," she added in a text message to GMANews.TV. Militant farmers and fisherfolk are currently camped outside the Batasan Pambansa complex to display their opposition to charter change moves. They plan to stay ther euntil June 6, the end of Congress' second regular session. Nograles has earlier said that House members may halt moves to amend the Constitution if these do not gain solid ground by then. - GMANews.TV