Cha-cha via legislative process may be questioned before SC — solon

Amending the 1987 Constitution through a legislative process might be questioned before the Supreme Court should it be approved by Congress, Bayan Muna Representative Carlos Isagani Zarate said Friday.

"Hindi naman ito ordinaryong batas na idaan mo lang sa legislative mill, kaya nga specific diyan sa Constitution natin sinasabing kung gustong baguhin, via constituent assembly and via constitutional convention pero kung simple amendment lang puwede ring People's Initiative," Zarate said in an interview on Dobol B sa News TV.

"But if it's revision, kailangan 'yung two modes—constituent assembly or constitutional convention. There is no such thing doon sa ating Constitution na amendment via legislation kaya talagang aabot ito sa Korte Suprema," he added.

During an executive session on Wednesday, the House Committee on Constitutional Amendments approved a still-unnumbered Resolution of Both Houses (RBH) which allows longer terms for lawmakers.

Zarate, however, said that it is still "premature" to consider the matter a justiciable issue since it has only secured a House panel's approval.

He added that there is no legal precedent for the case yet because the attempts to carry out a Charter change since the term of former President Fidel Ramos did not prosper and have not ripened enough to reach the Supreme Court.

Asked to gauge the probability of it being approved by Congress, Zarate said: "Alam mo naman sa House kapag may kumpas 'yan mula sa liderato, lalo't lalo na kung may kumpas mula sa Malacañang ay pumapasa naman talaga 'yan."

In a constitutional convention, the people who will amend the Charter will be elected by the citizens.

On the other hand, members of Congress are convened to amend the Constitution in a constituent assembly.

The lawmakers were previously divided on which of the two modes should be used as some of them claim that con-con would be more "expensive" than con-ass. — Dona Magsino/RSJ, GMA News