Philippine Congressmen Seek Charter Change
The Move to Extend President Macapagal-Arroyo's Term
Jul 7, 2009
Opposition members and critics of President Gloria Macapagal-Arroyo condemned and protested the passage by the predominantly pro-administration House of Representatives of Resolution No. 1109 (HR 1109), which calls on Congress to amend the Constitution, as a move to extend the president's term after it expires in 2010.
Modes of Amending the Constitution
Under Article XVII, Sections 1 and 2 of the Philippine Constitution, the Constitution can be amended or revised in either of three ways: (1) by the Philippine Congress; (2) by a Constitutional Convention; or (3) directly by the people in what is called as people's initiative.
HR 1109 seeks to amend the Constitution under the first mode, which is by Congress acting as a constituent assembly or what is popularly known as "con-ass." Under this mode any proposed amendment must be approved upon a three-fourths vote of all the members of Congress.
To Vote Jointly or Separately
One of the most controversial issues on amending the Constitution under the first mode is the manner of voting. HR 1109 is pushing for a joint voting by the Philippines' bicameral Congress (composed of the Senate and House of Representatives). In a June 11, 2009 ABS-CBN News artice by Carmela Fonbuena entitled "Defensor, NPC May Withdraw Support for Con-ass," she said if both houses of Congress vote jointly the 265-member House of Representatives can easily out-vote the 23-member Senate with the former generating from among themselves alone the three-fourths vote required, which would be 216.
Unlike the House of Representatives, the Senate is against amending the Constitution or charter change before the 2010 elections. In fact the Senate has passed a unanimous resolution opposing the convening of Congress into a con-ass. This prompted pro-charter change congressmen in declaring the possibility of proceeding with a con-ass right after the president's State of the Nation address on July 27, wherein the Senate will join the House of Representatives in joint session.
President Macapagal-Arroyo's Term Extension
Critics of the administration see the move to amend the Constitution as a ploy to extend the president's term of office. The present Constitution limits the president to a single six-year term only. But as the 2010 presidential election approaches in May next year, opposition groups are afraid President Macapagal-Arroyo will use the charter change to extend her term. They claim that President Macapagal-Arroyo's allies in Congress will either remove the term limits under the Constitution or change the structure of government into a parliamentary system so that the president can run as a member of parliament and get elected as prime minister.
But House Speaker Prospero Nograles, who is an ally of the president, denies the opposition claim and insists that they are only seeking to amend the economic provisions of the Constitution. HR 1109 explicitly covenants against term extensions of all elective public offices, including that of the president.
 |
