'Gang rape' of Charter should outrage Filipinos - Bernas

MANILA, Philippines – One of the key framers of the 1987 Philippine Constitution on Wednesday said the Filipino people should be outraged by the passage of a resolution seeking to convene Congress into a constituent assembly, minus the Senate. In an interview with radio dzBB, Fr. Joaquin Bernas, who was a member of the 1986 Constitutional Commission, blasted House legislators allied with President Gloria Macapagal Arroyo who insisted on passing the measure allowing for a Senate-less constitutional assembly. “Kasi pinaglalaruan nila ang Saligang-Batas at pinaglalaruan nila ang tao [They are toying with the Constitution. They have been fooling the people]," said Bernas, who is dean emeritus of the Ateneo de Manila Law School. Bernas also echoed Nueva Ecija Rep. Eduardo Nonato Joson’s opinion that the approval of the measure was like “gang raping" the Constitution. Asked how the public should react, Bernas’ reply in Filipino was, “Magalit (Be outraged)." After a viva voce or oral voting late Tuesday night, the majority succeeded in approving House Resolution 1109, which calls for constitutional amendments through a constituent assembly that does not involve any Senate participation. Prior to the voting, a number of opposition lawmakers waiting for their turn to question the controversial measure were slammed out when Maguindanao Rep. Didagen Dilangalen approved a motion to close debates. Dangerous to democracy Minority Leader Ronaldo Zamora and Bayan Muna Rep. Teodoro Casiño were among the legislators who immediately objected to the House leadership’s swift action on the resolution. Casiño said that excluding the Senate from deliberations on whether to amend the Constitution would “put democracy in danger." Like other critics, another party-list lawmaker, Anakpawis Rep. Joel Maglunsod, said that the approval was brought about by marching orders from Mrs. Arroyo herself. Maglunsod said pushing for HR 1109 was like “spitting on the faces of the Filipino people." Opposition figures at the House even found an ally in former Speaker Jose de venecia Jr – a member of the majority who used to be allied with Mrs Arroyo. De Venecia said changes to the Constitution should be carried out only after Arroyo has left her office. Despite the approval, the House plenary will still have to map out the next steps to be taken in convening Congress in a constitutional assembly, including the date for it. (Next Page: Senate reacts to a Senate-less Con-ass) A Senate-less Con-ass

Transcript of the interview with Fr. Joaquin Bernas, SJ with anchor Mike Enriquez on DZBB BERNAS: In my view, yung boto nila kagabi, di na yan kailangan because according to the Constitution, constituent assembly na sila. In the Constitution, “Congress may propose amendments." This means that the Congress is already a constituent assembly. ENRIQUEZ: Pwede na silang magsagawa ng pagbabago? BERNAS: Anuman ang magagawa nila, dapat ipasa sa Senado. Hindi maliwanag kagabi eh.Tatlo yung proponents, sponsors. One of them said, na di na kailangan yung Senado. Two of them said, ‘whatever we accomplish here, ipapasa natin sa Senado.’ Ano ba talaga gusto nila? Kung ‘di nila ipapasa, balewala yan. More

An independent senator and an opposition senator both assailed the actions of their counterparts in the House of Representatives to accept the “Con-ass" measure. Senators Francis Pangilinan and Francis “Chiz" Escudero said the approval only showed the administration’s being out of touch with reality. “Clearly, it is the interest of this administration and not of the nation that is brazenly being pushed here," Pangilinan said in a text message to GMANews.TV. He said the allies of the administration in the House pushed for the approval of the resolution even though the economy is on a downturn, the election campaign is less than nine months away,and the Commission on Elections has said it cannot hold a Charter change referendum. Pangilinan added that Congress also has not approved budget on efforts to amend the Charter. The independent lawmaker said the Senate will stand by its resolution, which endorsed by all senators, that a House only Con-ass is illegal. “We will oppose this latest caper, this latest shameless attempt at mangling the Constitution to serve the Arroyo regime," Pangilinan said. Escudero echoed Pangilinan’s sentiments that the House move was forced and callous. “Alam na nilang hindi tama, ginawa pa din. Alam na nilang ayaw ito ng sambayanan at may mas-mahalagang dapat pag-usapan panukalang batas tulad ng CARP (Comprehensive Agrarian Reform Program) extension, tinuloy pa din (They knew that what they are going to do is wrong but they still pushed it. They knew that the people will oppose it and there are other measures, such as the CARP extension, that should be tackled but they still went ahead with their agenda)," Escudero said in a separate text message. Street protests While lawmakers traded arguments, militant protesters took to the streets. The Bagong Alyansang Makabayan (Bayan) launched a demonstration outside the very halls where the Con-ass resolution was approved – the Batasan Pambansa Complex. Bayan secretary general Renato Reyes said the railroading of the passage of the measure also meant the railroading of Arroyo’s supposed ambition to extend her term – a claim repeatedly denied by the Palace. “It was the most disgusting display of the tyranny of numbers. At least in the past impeachment votes, the opposition was given time to air their views. This time, even opposing views were muzzled," Reyes said. The militant leader accused the House leadership of trying not to make as much noise in passing the controversial measure, and militants were barred from entering the plenary hall. The bill was passed late Tuesday night. “The Con-ass vote last night was definitely a new low for the Arroyo-led House of Representatives. The Lower House has absolutely no credibility left and will be forever known as a rubberstamp of the Arroyo regime," Reyes said. Bayan chairperson Carol Araullo said the approval would only “galvanize" Arroyo’s critics into launching more intensified street protests to denounce any term extension. Araullo expressed fears that the Supreme Court – mostly composed of Arroyo appointees – might step into the matter and resolve the debate. “We cannot leave the matter simply to the Supreme Court because that is what Arroyo’s allies are hoping for. We must start the protests as soon as possible," she said. Protesters gathered in front of the gates of the Batasan Pambansa Complex is expected to disperse only later in the afternoon. In the southern part of the country, political activists in Davao City, home of Speaker Prospero Nograles, added their voices to the uproar in a protest rally outside the legislator’s congressional office. “Gloria Arroyo and her political allies in the lower house headed by Nograles are making their biggest crime against the Filipino people with their attempts to fulfill charter change," said John Birondo, a local spokesman for Bayan. Nograles said the change in the Constitution is needed to introduce reforms in the economy, among others, but Birondo urged the public to stay vigilant and oppose changes in the Constitution which could extend Arroyo’s term beyond 2010. “There is nothing more obvious than the actions made by Malacañang, through its allied congressmen, to cart off the barriers to cha-cha’s realization. The passage of HR 1109 speaks for their intentions to railroad charter change before the 2010 national elections and maintain Gloria Arroyo’s top post as prime minister," he said. (Next Page: Arroyo tyranny) Arroyo tyranny Members of the militant workers group Kilusang Mayo Uno (KMU) branded the House act as “scandalous" and vowed to escalate their protest actions. “Chacha will be the onslaught of more retrenchments, wage cuts, and flexible labor schemes as big foreign capitalists will have greater control to our market and economy," KMU said in a statement on its website (www.kilusangmayouno.org). “People need far more urgent legislation such as the P125 wage hike, genuine agrarian reform bill, and other policies that will surely uplift our dire conditions – this should be acted upon by our legislators instead of the Chacha," it added. It noted the fast-tracking of the vote for con-ass took place in a hearing where public was disbarred. Worse, it said the voting through viva-voce “only proves that such Chacha will be detrimental for the nation and the people." “ChaCha will perpetuate Arroyo’s tyranny, and this would mean more, more hardships for the workers and the people, as what her track record has consistently prove," it said. KMU added ChaCha will open up the country’s lands and resources, and service institutions including education and media, to full foreign ownership. “Malacañang is only one step away from raping our sovereignty, our future. But with our collective strength, we can fail ChaCha," it said. ’Treachery of the highest order’ In Hong Kong, militant overseas Filipino workers minced no words in expressing their outrage over the House action, calling it “treachery of the highest order against our country and our people." “The bullies in the Congress composed of the Malacaňang-led congressmen should be ashamed for what they did was a grave disservice to democracy and to the Filipino people – at home and abroad – who have continuously opposed GMA’s (Gloria Macapagal Arroyo’s) Cha-cha scheme. Has the House of Representatives turned into GMA’s puppet show?" the United Filipinos in Hong Kong (Unifil-Migrante-HK) said in a statement. Dolores Balladares, chairperson of the group, said they now understand why the Arroyo government has not allotted budget for the overseas absentee voting (OAV) exercise. Registration for the OAV has severe criticisms from Filipinos abroad citing the lack of sufficient facilities for education and machines for actual registration by Philippine overseas posts. “We are the living proofs of Arroyo’s misdirected policies that she wants enshrined in the Philippine Constitution. These pro-Chacha congressmen just put a stamp of approval to the modern-day slavery of Filipinos," Balladares added. - With reports from Amita Legaspi, Al Jacinto and Nadezhda Tanola, GMANews.TV

RELATED LINKS

» Constitutional Provision: Amendments or Revisions

» House Bills and Resolutions on Charter Change