CONGRESS will assert its constituent power to tinker with provisions of the 1987 Constitution to effect the proposed federalism being pushed by the Duterte administration despite the Palace’s 25-man consultative committee tasked to propose amendments to the Charter to effect the shift.
“The committee, as its name clearly shows, is consultative, or one from which advice or information may be taken,” House majority leader and Ilocos Norte Rep. Rodolfo Fariñas said.
Fariñas stressed “the constituent power to propose any amendment to or revision of the Constitution is lodged with Congress, or to a Constitutional Convention that Congress may create.”
The creation of the 25-man panel was intended to propose amendments to the Constitution that would advance the people’s interests and not the interest of Congress members.
But Fariñas, a lawyer, said it would be an “abdication or arrogation of such constitutional mandate for Congress to allow an appointive consultative committee to limit its constituent power.”
Cibac party-list Rep. Sherwin Tugna, also a lawyer, said the proposed amendments to be done by the consultative panel “will not restrain Congress from discussing other matters while the deliberation in Congress is going on.”
“The power of Congress is plenary. As to possible congressional influence in the changes, it will be up [to] the people to decide on the proposed changes during the time of referendum on the constitutional changes. It will be decided upon by the people, in a direct manner,” he said.
Batangas Rep. Raneo Abu, a House deputy speaker, said both the House and the Senate have still the final say on amendments to be introduced in the 1987 Constitution.
Abu said the function of the 25-man panel would only be “recommendatory.”
“If we can overhaul the Constitution, why not the proposals of the 25-man committee?” said Abu.
Isabela Rep. Rodolfo Albano III said: “When you open the Constitution, then open all provisions. Why limit yourself [to] certain provisions only?”
The House committee on constitutional amendments adopted last October the proposal to convene the two chambers of Congress to pave the way for President Duterte’s proposed shift to a federal government.
The Lower House also formed a technical working group to consolidate the various measures calling for Con-Ass including that of Reps. Albee Benitez of Negros Occidental and Robert Ace Barbers of Surigao de Norte.
The House is expected to discuss the proposal anytime when Congress resumes session on Jan. 16.
In effecting a federal form of government, the Duterte administration intends to submit the proposed amendments to the public in a plebiscite which could be held simultaneously with the 2019 midterm elections, with the end in view of shifting to a federal-parliamentary form of government by 2022.