There is no con-ass in the 1987 Constitution — Alvarez

Speaker Pantaleon Alvarez on Monday defended anew the House of Representatives' move towards proposing amendments to the Constitution to pave the way for a federal form of government, pointing out that the highest law of the land does not explicitly state the need for Congress to convene in a constituent assembly to do so.

In a press conference, Alvarez stated that the House is already in the process of proposing amendments to the Constitution, even without the Senate's adoption of House Concurrent Resolution No. 9, which seeks to convene Congress in a constituent assembly to propose constitutional amendments.

"Nag-uumpisa na kami e. So diba, gagawa kami ng proposal to the people to revise the Constitution," he said.

"Tuluy-tuloy kami diyan, tapos pupunta kami sa mga bayan-bayan, sa mga probinsya, ipapaliwanag namin yan. At pag natapos kami diyan, ready na kami sa proposal, we will submit it for the approval of the people through a plebiscite," he added.

Alvarez also stressed that nowhere in the 1987 Constitution is a "constituent assembly" found.

He cited Article XVII, Section 1, stating that "any amendment to, or revision of, this Constitution may be proposed by the Congress, upon a vote of three-fourths of all its members, or a constitutional convention."

"May sinasabing con-ass? Wala. Votes lang," Alvarez said.

"Sa martial law, very specific ang Constitution, mag-convene kami in a joint session. Pero dito, hinahanap ko 'yang joint session, pero wala," he added.

The Speaker pointed out that the provision in the Constitution should be read as it is, without any other interpretation.

"Hindi tula ito na pwede mong bigyan ng ibang kahulugan 'yung provision ng batas. Batas ito. Kung paano basahin at maintindihan ng ordinaryong mamamayan, 'yun ang ibig sabihin nun," he said.

"Wala na tayong pag-uusapan na constituent assembly. I-comply lang natin 'yung three-fourths votes of all members," he added.

Alvarez blamed the framers of the Constitution for any ambiguity in the provisions.

"Yan ang problema sa kanila. Hindi nila gagawin yung trabaho nila nang maayos and yet magke-claim sila na this is the best Constitution daw in the world. Susmaryosep," he said, in an apparent reference to a statement by former Chief Justice Hilario Davide Jr.

'Kasalanan nila 'yan e! Itanong mo kay Davide 'yan o kay Christian Monsod bakit hindi nila kinumpleto 'yan. Trabaho nila 'yan tapos ngayon, tayo ang sisisihin nila? E dapat sila ang sisihin diyan," he added.

The senators have all agreed that voting in the constituent assembly has to be done separately.

But Alvarez  maintains that the House does not need to wait for the Senate for them to proceed.

"Hindi kami mag-aantay, tuluy-tuloy ang public hearing namin. Nagpa-schedule na ako," he said.

"Hindi naman ito ordinary legislation na sabihin mo bicameral. Kunwari approved sa amin, approved sa Senado, tapos pupunta sa Presidente for a signature. Walang ganung proseso," he added.

Still, Alvarez said he is not stripping the Senate of its function to participate in the process of proposing amendments to the Constitution.

"Hindi ko naman sinasabi na huwag silang sumama, welcome naman ang lahat. Sila itong ayaw," he added.

In an earlier television interview, Alvarez said that if Congress decides to convene then in a constituent assembly to propose amendments in the Constitution this month, the proposed new federal charter may be submitted for a referendum simultaneously with the scheduled Barangay and Sangguniang Kabataan elections this May.

But in the press conference, Alvarez said that if they cannot finish the process of proposing amendments by May this year, the plebiscite can be held during the May 2019 midterm elections.

"Kung hindi tayo umabot sa May 2018, pwede itong isabay sa May 2019. Mas maganda na yung may target date," he said.

"May 2018 pa rin [ang target], pero sabi ko nga may mga ico-comply tayong requirements sa Constitution," he added.

The Duterte administration has been pushing for a shift to a federal form of government as a means to address issues particularly in strife-torn Mindanao. — BM, GMA News