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House starts debates on Nograles resolution

By Lira Dalangin-Fernandez
INQUIRER.net
First Posted 19:44:00 04/21/2009

Filed Under: Congress, Constitution, Charter change

MANILA, Philippines ? (UPDATE) Attempts by several members of the minority in the House of Representatives to block the discussion of the controversial House Resolution 737 of Speaker Prospero Nograles in plenary were drowned anew by loud voices of majority members in a series of viva voce voting.

After lengthy debates, La Union Representative Victor Ortega, chairman of the constitutional amendments committee, proceeded to deliver the sponsorship speech of HR 737 signaling the start of plenary debates of the measure.

Cebu Representative Pablo Garcia, Baguio Representative Mauricio Domogan, and Camiguin Representative Pedro Romualdo delivered the co-sponsorship speeches.

Garcia said that lawmakers ?have assumed for the time being another character in our persona as members of Congress.?

?We are laying aside our legislative work as we now begin to discharge our constituent functions pursuant to Section 1, Article 17 of the Constitution in a manner of speaking,? Garcia said.

?Each one of us is now wearing a new hat ? the Cha-Cha [Charter change] hat,? he said.

Gabriela Representative Liza Maza questioned if the start of discussions of HR 737 meant that the House has convened itself into a constituent assembly.

Maguindanao Representative Simeon Datumanong, the presiding officer, said the reply to Maza?s query would be determined in due time.

He added that the ?lower chamber could exercise its constituent power independently? of the Senate.

HR 737, which seeks to amend the economic provisions of the Charter, will take the route of an ordinary legislation that needs approval by majority members of the House, Nograles had said, citing House Rules 120.

Members of the minority said the route was unconstitutional since the Constitution recognized only three modes ? people?s initiative, convening of constituent assembly, and election of delegates into a constitutional convention.

At the start of Tuesday?s session, Akbayan Representative Risa Hontiveros questioned the inclusion of Nograles? resolution in the Order of Business, but was defeated during the voting.

Nueva Ecija Representative Eduardo Nonato Joson then stood up to ?postpone indefinitely? deliberations of HR 737, citing that under Article XVII of the Constitution, Congress must first convene into a constituent assembly before taking up any amendatory resolution to the Charter.

Datumanong, who was presiding the session, called for viva voce voting on Joson?s proposal.

Joson?s proposal was defeated, but Bukidnon Representative Teofisto Guingona III questioned the voting and instead called for a nominal voting. He also questioned the quorum.

?The Constitution is clear, no quorum, no business,? he said.

After a roll call, 166 members were found to be present, constituting a quorum.

Guingona reiterated his call for nominal voting but this was trounced anew.

Majority Leader Arthur Defensor said the motion by the minority members was ?obviously intended to delay the proceedings.?

Cagayan de Oro Representative Rufus Rodriguez also attempted to explain that Congress could not discuss specific amendments to the Charter without first convening into a constituent assembly.

If debate on HR 737 begins, Roriguez said that ?Congress has assumed constituent powers without having declared so.?

Camarines Sur Representative Luis Villafuerte, the author of a resolution calling for constituent assembly, said he would question the HR 737 when interpellation would begin.

Villafuerte has submitted to Nograles the final draft of his resolution. Nograles is expected to file it Wednesday.

The resolution called for the 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.?

Under the measure, Villafuerte stressed that adopting a mode for amending or revising the Constitution ?was a condition precedent, a prerequisite, before specific proposals to amend or revise the Constitution could be considered.?

In his sponsorship speech, Ortega asked the House members to keep an open mind about amending the Charter, specifically revising its economic provisions.

?It?s time we take up the challenge of economic reforms,? Ortega said.



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