Dead on arrival

It is and has always been the joint voting constitutional proviso that has served as a security blanket for the Senate in past instances of cha-cha via con-ass tries, especially in the past.

Cha-cha (charter change) is alive and doing well in the House of Representatives, although it is expected to die soon once it hits the Senate that will declare the amendments dead on arrival.

The House plans for Charter change include convening itself as a single chamber constituent assembly (con-ass) next month to consider four cha-cha proposals endorsed by its Committee on Constitutional Amendments, so claimed its committee chair, Cagayan de Oro City Rep. Rufus Rodriguez. He expects the House Rules committee, as well as the Speaker, to schedule plenary deliberations on his panel’s recommendations.

Part of the constitutional amendments being proposed by the House committee is the insertion of the phrase, “unless otherwise provided by law,” reportedly in at least seven economic provisions that limit foreign equity in land, exploitation of natural resources, public utilities, mass media, advertising and education.

Rodriquez stressed, “The present restrictions remain but the proposed change would authorize Congress to relax or scrap them. The suggested authority is for flexibility purposes. As of now, the legislature cannot do that, even if there is an urgent need to lift such restrictions to attract new business and investments that would generate jobs and income for our people.”

It also means lobby money pouring in for Congress, although such proposals never officially include this, that’s for sure.

Also included in the proposed amendments of course are ensuring that the congressmen get a five-year term for three terms or 15 years, instead of a three-year term or a total of nine years.

The proposal includes the regional election of senators at three from each of the nine proposed regions and the fixing of their term at five years, with block voting for the election of the president and vice president.

Rodriquez insists on a one-chamber con-ass, knowing that it is an impossible task to get the Senate’s nod on holding a separate con-ass, and the House cha-cha proposal will likely die once it reaches the Senate.

However, Rodriquez claims that the 1987 Constitution does not require the House and the Senate to convene together in a joint session as a con-ass to consider proposed constitutional amendments.

“The Charter only requires separate voting and each chamber must obtain the three-fourths vote of all its members to approve any proposed amendment,” the House committee chair stressed.

That is probably Rodriquez’s wish, although he is unlikely to get it, considering the fact that the 1987 Constitution is very clear in its proviso that in holding a con-ass, a joint vote is required. This means for the House and the Senate to vote together as a full Congress and in a joint session.

But the congressman is sticking to his guns, saying that after the House approves the cha-cha proposals via a one house con-ass, this would be transmitted to the Senate. Rodriquez insists that the Senate has no choice but to comply with the requirements of the Charter in taking on the amendments.

“That is the process we envision, which complies with the Charter. In fact, Fr. Joaquin Bernas, one of the framers of the Constitution, advocated this procedure,” the congressman stressed.

That may have been what Bernas advocated. However, what Bernas advocated was not what the majority of delegates of the 1987 Charter decreed. But the House panel may think that they can have a congressional Hail Mary pass that is not expected to succeed, because as long as the Senate seats stay at 24, senators will always be at the losing end of a con-ass, as the House will always dominate the vote and the con-ass, once convened. It is and has always been the joint voting constitutional proviso that has served as a security blanket for the Senate in past instances of cha-cha via con-ass tries, especially in the past.

The truth is, even if the House approves the one-chamber con-ass and then have the cha-cha amendments sent to the Senate, there is nothing that the House can do to force the Senate for it to constitute itself as a constituent body and come up with its version of constitutional amendments. Who will force the Senate to do the bidding of the House? Its Speaker, Alan Peter Cayetano, who hardly has any clout over the Senate and its officers?

The House and Rodriquez might as well give up their dream of a one-House con-ass and try again through a legislative measure calling for the election of delegates to a constitutional convention.

The House should remember the past and the many failures of the House to amend the Charter through a con-ass. Besides, the electorate does not like a con-ass.

And the last nail in the con-ass coffin will be done by the Senate that won’t budge from its position of no con-ass.

Con-ass will definitely be dead on arrival at the Senate.