The signature campaign to amend the 1987 Constitution and have both houses of Congress vote jointly when convened as a constituent assembly will resolve a persistent obstacle to Charter amendments, one of its supporters said Saturday.
Former party-list Rep. Alfredo Garbin Jr. said the question on how the two houses of Congress will vote has always been a major deterrent to the convening of a constituent assembly.
“This has always been the issue used to prevent the needed changes in the Charter,” Garbin said.
Article XVII of the 1987 Constitution allows Congress to propose amendments and revisions “upon a vote of three-fourths of all its members,” but the provision has sparked debate on whether the Senate and the House of Representatives should vote jointly or separately.
From former President Fidel Ramos to former Rodrigo Duterte – all administrations after the 1987 Constitution was adopted have entertained the possibility or actually made efforts to propose Charter amendments, but none have succeeded.
Garbin said at present, there is consensus in the House that Charter change is needed to relax economic provisions and allow more foreign investments to come in.
There has been more resistance to Charter change at the Senate, which would be outnumbered if both chambers of Congress vote together, he said.
Garbin said the “ambiguity on how the constituent assembly will vote” has left opposing sides on the debate “irreconcilable in their positions, prompting the launching of a people’s initiative to have the Constitution amended.”
He said the current petition takes into consideration the 2006 Supreme Court decision on Lambino vs. Comelec, which ruled that a signature campaign would be invalid if it was not clear that voters who signed knew what they were actually supporting.
Garbin said the proposed amendment is included in the signature sheets and that voters are given a “short lecture” before they are asked to sign.
He said there is no money involved in the gathering of signatures.
