Makati Business Club
A Statement on the House of Representatives' Move to Pursue A Constituent Assembly

7 December 2006 - In utter disrespect for the rule of law, Administration allies in the House of Representatives have voted to conveniently amend their own rules in order to pursue their scheme of a Constitutional Amendment through a Constituent Assembly. The move sets a dangerous precedent and does not augur well for the future of democracy and the prospects of policy formulation, predictability, and stability.

Consider the following –

1) The Administration attempted to push for Charter Change through a “people’s initiative”. The initiative was struck down by the Supreme Court which referred to the signature collection
campaign as a deception, as it was led by the government itself.

2) Public opinion runs strongly against Charter Change, especially by means of a people’s initiative or Constituent Assembly.

3) A Constituent Assembly is fraught with conflict-of-interest issues because Congressmen themselves may be strongly tempted to propose changes to the Constitution which would benefit their political careers (e.g., changes such as term limits, district representation, and others).

4) In order to railroad the change, the House had to first amend its own rules which stipulate that a Constitutional Amendment through a Constituent Assembly requires a vote of the House and Senate voting separately – the method prescribed to pass ordinary laws. This is an open admission that its own argument that a mere joint vote is constitutionally sufficient was flawed to begin with. It also reflects the penchant for changing rules midstream when the rules suit those in power.

5) In order to create a workable timetable for a Constituent Assembly, proponents have proposed that the 2007 elections be postponed to a later date. Should that happen, elective officials whose terms are supposed to end on June 30, 2007 would all be overstaying and therefore illegitimate holders of public office.

6) The move to railroad Charter Change through Constituent Assembly has obviously been timed to coincide with the retirement of the Chief Justice, a pillar of strength in upholding the rule of law.

Such a brazen and desperate act to amend the Constitution in the face of legal defeat and strong anti-Cha-Cha public opinion indicates that the administration and its allies will stop at nothing to bring about changes which may have questionable benefit on the country. We appeal to the Senate and the Supreme Court to unequivocally reject these undemocratic acts.