House alone can’t amend Charter–ex-Chief Justice Puno

The House of Representatives’ move to amend the economic provisions of the Constitution without convening a joint assembly with the Senate would face a constitutional challenge, former Chief Justice Reynato Puno said Sunday, renewing his call for the convening of a Constitutional Convention (Con-Con).

By merely passing a resolution, the House failed to exercise its “constituent power” in joint session with the upper chamber.

Puno suggested that Congress instead call a Constitutional Convention to tackle its proposed economic amendments—as well as amendments needed to support the controversial Bangsamoro Basic Law.

“It is better to discuss the proposed amendments to the economic provisions of our Constitution in a Constitutional Convention. Their implications are far-reaching and potentially divisive. They should not be rushed by our Congress whose members are preoccupied by the Bangsamoro problem and their bids for reelection,” Puno said in a text message to reporters.

“Moreover, the mode being followed by both houses (of Congress) to bring about the amendments is vulnerable to a constitutional challenge before the Supreme Court,” he added.

In a six-page position paper submitted to the House of Representatives, Puno emphasized the need for both chambers of Congress to convene themselves in a joint assembly when exercising its power to propose amendments to the Constitution.

The former Chief Justice said the procedure adopted in the House to amend the Constitution through the usual lawmaking process of approving a resolution or a bill was unconstitutional.

The power to propose amendments or to revise the Constitution is known as the constituent power of Congress. In a bicameral legislature, it belongs to both of its houses. “It cannot be exercised unilaterally by one house alone,” he stressed.

Resolution of Both Houses 1, principally authored by Speaker Feliciano Belmonte Jr., which seeks to amend certain economic provisions of the 1987 Constitution, particularly Articles XII, XIV and XVI, is expected to be approved by the House on third and final reading before June 11, when Congress adjourns.

Puno pointed out that Section 1, Article XVII, of the 1987 Constitution states: “Any amendment to, or revision of, this Constitution may be proposed by: 1) Congress, upon a vote of three-fourths of all its members; or 2) A constitutional convention.”

Puno said that while Section 1 does not specifically command the lower and upper chambers of Congress to meet in joint session, this does not necessarily mean that Congress need not convene as a joint assembly when exercising its power to propose amendments to the Constitution.”

“[It] will attract a strong constitutional challenge. It is too simplistic to argue that they are not literally prohibited by Article XVII, Section 1. The unequivocal history of Section 1 rejects them,” Puno said, recalling the history of the provision crafted by the 1986 Constitutional Commission.

“Its history reveals that this section was written in anticipation that a unicameral legislature would be established in the final draft of the 1987 Constitution. Contrary to expectation, a bicameral legislature was chosen by the commissioners. Unfortunately, the committee on amendments and transitory provision forgot to rewrite Article XVII, Section 1, and adopt the time-tested procedure of amending or revising a constitution where the legislature is bicameral in character,” Puno recalled.

He added that in bicameral legislatures, the traditional mode of amending or revising a constitution was for both houses to convene in joint assembly and to vote separately. These requirements are omitted when the legislature is unicameral for self-evident reasons, he said.

“The absence of the phrases ‘joint assembly’ and ‘voting separately’ in Section 1 of Article XVII does not justify any suggestion that Congress need not meet jointly,” nor does it justify the idea that Congress need not vote separately,” reiterating that the framers of the Charter had a unicameral body in mind.

Originally posted: 10:07 PM | Sunday, June 7th, 2015