Senator Santiago: SC might junk Cha-cha done through regular legislative mill

MANILA, Philippines—The chairman of the Senate committee on constitutional amendments has doubts about convening Congress into a bicameral constituent assembly as a means to pursue constitutional amendments or Charter change.

“With respect to the procedure, it is so wrong.  It is dead wrong.  I’m sure that if it were brought up to the Supreme Court, even only as a hypothetical question, it would easily be rejected,” Sen. Miriam Santiago warned in a chance interview.

Sen. Franklin Drilon, a stalwart of the dominant Liberal Party, has proposed the bicameral constituent assembly apparently as a compromise that would allow senators and congressmen to vote separately on proposed amendments to the Constitution.

While the Charter only talks of convening Congress into a constituent assembly as one of the modes to amending itself, senators (only 24 at the most under the Constitution) have traditionally opposed having their votes counted along with those of congressmen, who currently number to over 250.

Drilon’s idea is for specific amendments contained in resolutions that the two chambers would vote on separately. A three-fourths vote of each chamber is required to pass a resolution.

Senate leaders who participated in the legislative summit last month assured the public that amendments would be limited to economic provisions, specifically those that would usher a more favorable business climate for foreign investors.

“I am sorry to dash cold water on all those fervent hopes about inviting investments, but the truth of the matter is it does not take a constitutional amendment to invite foreign investors…It is certainty and stability,” Santiago asserted.

“Any businessman will tell you that what would invite investments…is not whether we allow them to own the enterprise or limit them only to 40 percent ownership,” she added.

Since the Constitution is considered higher than ordinary law, “how can you amend the highest law of the land by a mere procedure reserved for ordinary bills? There should be a higher level of sovereignty involved,” according to Santiago.

Senate leaders later dismissed Santiago’s statements saying they would elevate the matter to the Supreme Court if necessary.

“We believe the (proposed bicameral constituent assembly) can be supported by the present Charter provisions,” Drilon said in a separate interview.

“At the end of the day, it will be the Supreme Court who will decide as to whether or not this fourth mode would be a valid way of amending the Constitution.  While we respect Sen. Santiago’s opinion, we have our own opinion and at the end of the day it will be the Supreme Court who will decide which of the two opinions are valid,” he added.

Senate President Juan Ponce Enrile made a bolder pronouncement. “I am not as bright as (Santiago) is but when she takes it up with the SC, I think she will lose…She should read the Constitution again,” he said.

Senate Minority leader Alan Peter Cayetano urged his colleagues to stop giving people “false hopes” by packaging Charter change as the ultimate solution to major problems.

“The problems of our country are peace and order, graft and corruption, the burgeoning prices of oil and electricity and the lack of infrastructure. Ask the potential investors in our country and they’ll mention the same problems hampering our economic growth,” Cayetano noted.

Forcing amendments at this point could “only create bigger problems,” he also warned.

“Bringing the people’s attention to Charter Change and making them believe that it will solve all of the country’s problems, especially concerning the economy, is really just giving them false hopes,” he said.

Cayetano also called on the economic advisers of the President to be more open in engaging the people to debates regarding the country’s economic policies in order to further articulate their plans well.

“The resolution from the government is important but they have to explain how they will approach the issue and what framework they’ll be using so that everyone understands what is happening to the country,” he said.