House panel already sitting as constituent assembly in tackling 'economic' Cha-cha —Garbin

House Committee on Constitutional Amendments chair Alfredo Garbin Jr. on Wednesday confirmed that the panel is now sitting as a constituent assembly (Con-Ass) as they tackle the proposed amendments to the "restrictive" economic provisions in the Constitution.

At the resumption of the House panel hearings on the so-called "economic" Charter change (Cha-cha), Bayan Muna party-list Representative Carlos Zarate asked if the panel is already convening itself as a Con-Ass as they discuss Resolution of Both Houses No. 2.

Con-Ass is one of the modes provided under the Constitution in introducing amendments or revisions to the Constitution.

RBH No. 2 itself provides for a Con-Ass in introducing amendments to the "restrictive" economic provisions in the Constitution — that is, a three-fourths vote of all members of Congress, voting separately.

In response to Zarate, Garbin said the panel is now sitting as Con-Ass in tackling RBH No. 2.

"Every time we deal with proposing amendments or revising the Constitution, we are sitting as a constituent assembly exercising constituent power," he said.

Garbin explained that the Constitution does not provide for a formal procedure in the convening of a Con-Ass before introducing possible amendments to the Constitution. The rules of the House are also silent about it.

"Once Congress initiates the procedure to propose amendments to the Constitution, it is deemed to have entered into the exercise of its constituent power. There is no need for a prior act of organizing itself as a body exercising constituent power," he said.

Garbin pointed out, however, that the required three-fourths vote for the Con-Ass will only be applied when the measure is already being voted on third reading, and not in the voting in the committee.

"The three-fourths vote of all members of Congress, voting separately, will only apply on third reading," he said.

Opposition lawmaker Edcel Lagman, however, questioned Garbin's statement that the House panel is now sitting as Con-Ass.

"That is strange to me because no committee of the Senate or of the House including the Committee on Constitutional Amendments can sit as a constituent assembly. Because the constituent assembly is composed of members of the House and the Senate in a joint meeting or assembly," he said.

"The House by itself cannot meet as a constituent assembly," added Lagman, a lawyer.

Nevertheless, Garbin stood by his position.

"My position is that once Congress, through its committee, initiates the procedures to propose amendments to the Constitution in abeyance to Article 17 of the 1987 Constitution, they have deemed to enter into the exercise of constituent power," he said.

RBH No. 2 inserts the phrase "unless otherwise provided by law" to the constitutional provisions on national patrimony and economy; education, science and technology, arts, culture, and sports; and on general provisions to give Congress flexibility to enact laws that would free up the economy to foreign investors.

Garbin said the slight change in the Constitution's language "will improve the investment climate and generate much needed investments and jobs to counteract the economic contraction caused by the pandemic."

He also maintained that the proposed amendments will focus only on the economic provisions, and no political amendments will be discussed in the hearings.

"The directive of the Speaker and the direction of this committee is only to tackle provisions in Article 12, 14, and 16, specifically on economic restrictive provisions. The committee report will be confined into that," he said.

"No political provisions. Walang term extension dito, walang abolition of term limits," he added. --KBK, GMA News