No-el an option for Federal push

“If the elections are postponed, Alvarez said Congress can buckle down to work in finalizing the draft of the proposed federal charter.”

Postponement of the midterm elections or no elections (no-el) next year is among the options the House of Representatives is considering to allow the legislature to give full attention to the federalism shift, Speaker Pantaleon Alvarez said.

In a radio interview, he said that if the administration is serious about charter change (cha-cha) to pave the way for the shift to the federal form of government, no elections “is the most practical way of doing it to achieve our goal.”

The House Speaker also said Congress must have ample time to deliberate on cha-cha proposals because revising the Constitution is not a simple process.

Given the tight schedule of Congress in the runup to the midterm polls next year, it will be extremely difficult to hold deliberations on the draft federal charter with the elections scheduled next year, Alvarez added.

After President Rodrigo Duterte’s third State of the Nation Address, Congress has to begin deliberations on the proposed 2019 budget and by October, lawmakers seeking another term will have to file their certificates of candidacy, he said.

Then two months later, the Speaker said Congress will have its Christmas break, with sessions resuming by the third week of January, or just a month before the start of the campaign period.

These factors, according to Alvarez, will make it hard for the House to achieve a quorum to deliberate on the proposed federal charter.

“We must have focus to allow extensive debate and deliberations and ensure that we would have a good draft of the proposed new Constitution,” Alvarez said.

Alvarez added while the Constitution mandates the conduct of the elections every three years, there are ways to postpone the 2019 mid-term elections either through legislation or an amendment of the Constitution through people’s initiative.

The House leader said if the Senate would not agree to the postponement of the 2019 elections, citizens supporting Federalism can initiate a PI to amend the constitutional provision requiring elections every three years.

“That can be done, we have already studied that alternative,” Alvarez said.

If the elections are postponed, Alvarez said Congress can buckle down to work in finalizing the draft of the proposed federal charter.

“It would be better if the Senate and the House can agree on this matter. But if not, I hope this would not happen, we can simply proceed with the task of deliberating on the draft through a constituent assembly, get the required three-fourths vote and then we submit it to the people for ratification through a referendum,” Alvarez said.

He said the 1987 Constitution does not actually require the House and the Senate to convene the con-ass to propose changes to the charter as it only needs a 3/4 vote of all members of Congress, without specifically necessitating a separate voting of the two chambers.

Based on Alvarez’s estimate, Congress will need six to eight months to complete the debate and deliberations on the proposed federal charter.

Then, another six months are needed for an information drive before the draft charter can be presented to the people.

With such timetable, Alvarez said the first election under the federal form of government could take place by 2022.

However, the Speaker said that he and Majority Leader Rodolfo Fariñas will still discuss inclusion of cha-cha in the House agenda for the third regular session.

According to him, he has not discussed the options on cha-cha with President Rodrigo Duterte.

“I assumed that our President would not want to intervene on this matter. But that (Federalism) is his advocacy and I believe in that too. There are many congressmen, too, who support the idea,” Alvarez.

Alvarez said time is of the essence because the Duterte administration presents to the nation what could possibly be the only opportunity for a shift to a federal form of government. He noted that during the 2016 elections, only Duterte advocated federalism.

He also acknowledged any move to postpone the elections or approve a new federal charter would likely be challenged before the Supreme Court.

House Deputy Speaker Gwendolyn Garcia also reported the accomplishments of the House during its Second Regular Session.

She also spoke of the legislative agenda for the third regular session which starts July 23.

Garcia said the House will pursue a massive information campaign on cha-cha and federalism in the House agenda since 2016 in support of the President’s priorities.

Senate President Vicente Sotto III, meanwhile, vowed Senate independence and impartiality when the chamber tackles cha-cha and federalism.

“I will listen to what my colleagues have to say before I speak about the matter at hand,” Sotto told reporters.

“The Senate was created to be independent, impartial and fair but courageous. We are supposed to withstand presidential power and the waves of public opinion,” he added.

Sotto shared Alvarez’s worries on the tight legislative calendar for the Senate and the filing of certificates of candidacy this October.

Senate majority floor leader Juan Miguel Zubiri, however, warned senators may opt to walk out of the plenary should Mr. Duterte’s SoNA becomes a platform to also convene a constituent assembly.