Congress must convene as ConAss to amend Constitution - Ex SC justice | Inquirer News

Congress must convene as ConAss to amend Constitution – Ex SC justice

/ 06:32 PM February 05, 2024

House focused on amendments to economic provisions of Constitution

 

MANILA, Philippines — Retired Supreme Court Justice Vicente Mendoza on Monday argued that both chambers of Congress must convene as a constitutional assembly, not a legislative body, in order to amend the 1987 Constitution. 

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Mendoza floated his argument at the Senate’s hearing on Resolution of Both Houses No. 6 — a measure seeking to push economic Charter change.

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“To say that they must vote separately, you are disregarding the fact that Congress is not acting as a legislative body, Congress is acting as a constituent assembly. It should be only one assembly. One assembly only, not Congress — because when we speak of Congress, we speak of the two Houses, we imply the House and the Senate. But when we speak of a constituent assembly, we call on the Congress to wear its other hat, that is as a constituent assembly,” said Mendoza in a mix of English and Filipino.

Mendoza emphasized that amending the Constitution is a non-legislative function.

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Hence, there is a need to function as one assembly, but voting will still be made separately.

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“If RHB6 is approved, we would be permitting the amendment of the Constitution by ordinary method of legislation,” he pointed out.

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In the same hearing, Constitution framer and former justice Adolfo Azcuna explained that RBH 6 is, in fact, under constitutional assembly method.

“There are only three methods [to amend the Constitution]. This is the first method, which is the Congress acting as a constituent assembly,” said Azcuna.

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But unlike Mendoza, Azcuna pointed out that lawmakers “don’t have to meet jointly” as there is “no requirement for joint hearing.”

“There is no requirement for a joint voting, either. We left that unintentionally open whether you’ll meet together in a joint session or meet separately — that is up to you,” he emphasized.

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TAGS: Cha-cha, Constitution, Cpngress, Senate

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