Garbin says critics can question economic Cha-cha process before SC

Questions on the process being undertaken by the House Committee on Constitutional Amendments in tackling the economic Charter change (Cha-cha) may well be raised before the Supreme Court, but only an injunction from the high court could stop the panel from conducting the hearings, House panel chair Alfredo Garbin Jr. said.

The Ako Bicol party-list representative made the remark on Thursday after senators and even members of the lower chamber questioned his statement that the panel was already sitting as a constituent assembly as it deliberates on the proposed changes in the "restrictive" economic provisions in the Constitution.

"If there is a justiciable controversy, they can raise it before the Supreme Court, hindi naman natin mapipigilan sila," Garbin told reporters in a virtual interview with reporters.

"But the committee, if it is approved in the committee and referred to the plenary, we will continue to discuss the proposal and debate on it kung wala namang injunction from the Supreme Court," he added.

During the resumption of the House panel hearings on the economic Cha-cha on Wednesday, Garbin claimed the panel was already sitting as a ConAss as it tackles Resolution of Both Houses No. 2 authored by Speaker Lord Allan Velasco.

He told reporters that he had informed Velasco about his position on the matter, to which the latter supposedly agreed.

"I forwarded to him yesterday my position and he agreed with me that there is no need to convene a constituent assembly," he said.

But following Garbin's statement, Senate President Vicente Sotto III on Wednesday said that ConAss can only be initiated "if it is done in plenary and the session assembled."

Deputy Speaker Rufus Rodriguez, who previously served as chair of the House constitutional amendments panel, also stated that ConAss starts in the House plenary, not in the committee.

"The committee will recommend, just require, just like any other legislation, a majority of the votes to approve, majority of the members who can vote to approve the committee report and recommend to the plenary," Rodriguez said in a separate phone interview.

"So therefore the three-fourths will be required only when we are already going to vote after the deliberations, after we have converted the plenary into ConAss, after the committee report is received by the rules," he added.

Garbin, nevertheless, maintained that the Constitution itself does not require the convening of a ConAss before lawmakers can propose constitutional amendments.

"Kung babasahin niyo ang Article XVII of the Constitution, nowhere can you see in the said article that it needs the convening of a constituent assembly prior to making amendments. So neither is there any mention about a constituent assembly in the rules of House," he said.

Garbin also said that Fr. Joaquin Bernas, one of the framers of the 1987 Constitution, told the House in one of his appearances during the 16th Congress that a ConAss is "a body authorized by the Constitution to propose amendments or revision."

"Congress is already authorized by Article XVII to propose amendments or revision. So in other words, the Constitution has made Congress both as an ordinary legislative body through Article VI and as a constituent assembly through Article XVII," Garbin said.

Garbin explained that the said body authorized by the Constitution to propose amendments speaks of Congress, and the Committee on Constitutional Amendments is a part of it.

"I am certain that we are now exercising our constituent power in the committee," he said.

Leaders from various political parties and blocs at the House have signed a manifesto of support for Velasco's proposal to amend the "restrictive" economic provisions in the Constitution, citing its need in order to help the country's economy from the impact of the COVID-19 pandemic.

Velasco earlier said they are aiming to finish the hearings before the end of 2021 so that it can be presented to the public for ratification alongside the 2022 elections. — BM, GMA News