House panel already sitting as Con-Ass? Senate leaders say otherwise

The Senate leadership on Wednesday said the House Committee on Constitutional Amendments was not yet sitting as a Constituent Assembly (Con-Ass) when they resumed the hearing on proposed amendments to the "restrictive" economic provisions in the 1987 Constitution earlier in the day.

"Congress is on a break, the only way a Con-Ass can be initiated and considered to sit as one, is if it's done in plenary and session assembled," Senate President Vicente Sotto III told reporters in a Viber message.

He pointed out that Congress is scheduled to resume session this coming Monday, and that committee chair Alfredo Garbin Jr's panel is only conducting a "simple committee hearing."

"If we want to tinker with the Constitution, we had better make sure our rules and procedures are sharpened!" Sotto said.

He wondered why the congressmen seemed to be in a hurry.

"Whatever it is they have to do it in plenary, otherwise that is not the Congress proper... Yari lang sila if someone brings it to the Supreme Court which I’m sure someone will," Sotto said.

"Ano ba pinagmamadali nila eh pwede nilang gawin sa Monday 'yan in plenary? Can't they wait?" he added.

Senate Majority Leader Juan Miguel Zubiri also believes Garbin was mistaken when he claimed that the panel is now sitting as a Con-Ass.

"Congress is in recess so I'm not sure how there was plenary action on their resolution to form a constituent assembly," Zubiri said in a separate message.

"Our rules only allow committee hearings to take place during the break. So he may be discussing approval on committee level," he added.

Meanwhile, Senator Panfilo Lacson pointed out that the 1987 Constitution states that any amendment to the Charter may be proposed by "Congress."

"Last time we heard, the Congress of the Philippines is composed of the Senate and the House of Representatives," he said in a statement. "Patawarin natin sila. Hindi nila alam ang ginagawa nila."

As Garbin's panel resumed the hearing on the so-called "economic" Charter change on Wednesday,  Bayan Muna party-list Representative Carlos Zarate asked if the committee is already convening itself as a Con-Ass as they discuss Resolution of Both Houses No. 2.

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

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. — RSJ/LDF, GMA News