House panel chair: Con-con delegates may make political amendments, change Bill of Rights

Published March 07, 2023 10:56 PM By LLANESCA T. PANTI, GMA Integrated News

House constitutional amendments panel chairperson Rufus Rodriguez on Tuesday conceded that Constitutional convention (con-con) delegates would be authorized to introduce political amendments to the 1987 Constitution, including changes to the Bill of Rights and the grounds for declaring martial law.

Rodriguez was responding to a question from House Assistant Minority Leader Arlene Brosas of Gabriela party-list and Camarines Sur Representative Gabriel Bordado during the interpellation on the merits of House Bill 7325 or the proposed Constitutional Convention Act.

The bill covers the implementation of the Resolution of Both Houses 6

, which calls for a con-con to amend economic provisions in the 1987 Constitution, and provides for the composition of the con-con delegation and a P10,000 per day compensation for each delegate.

“In the realm of possibilities, it is possible because we have a body which will have constituent plenary power. Therefore, they will be able to discuss and approve amendments to the constitutional system,” Rodriguez said.

“But once again, [in] our Resolution, it was clear that the amendments should be economic provisions,” he added.

Brosas pressed for specific details, asking, "Maari rin po bang mabago ang term limits ng mga kasalukuyang opisyal ng pamahalaan [Could they change the term limits of incumbent public officials]?"

Rodriguez said yes.

Brosas added, is it also possible to change the form of government?

Rodriguez again answered in the affirmative.

At this point, Brosas asked if this would mean that the Bill of Rights, including the right to free press, would also be amended, to which Rodriguez answered that this would be the case.

"On the Bill of Rights, since the Jones Law, the 1935 Constitution....the Constitution always had constitutional rights. I don’t believe the delegates will diminish the rights [of Filipinos], but the delegates may give additional rights,” Rodriguez said.

He also acknowledged that the 1987 provisions on the grounds for declaring martial law, as well as the suspension of the writ of habeas corpus, may also be changed by the con-con delegates.

Under the 1987 Constitution, the President can declare martial law and suspend the writ of habeas corpus—meaning make arrests without a warrant— "in case of invasion or rebellion, when the public safety requires it."

In addition, the 1987 Constitution states that any person arrested or detained during the suspension of the privilege of the writ should be charged within three days or else they should be released.

“That [change to the grounds for declaring martial law and the suspension of writ of habeas corpus] is possible, but I believe that what we have now is a sufficient procedure, equitable process [in the 1987 Constitution]...ratified by people in the plebiscite in 1987. I believe there will be no changes in the mechanics,” Rodriguez said.

Brosas voiced her alarm over these concessions, saying that it is clear Congress would not be able to restrain con-con delegates from amending the 1987 Constitution outside Congress’ wishes to limit the amendments to economic provisions.

“We won’t know [what they will do] because it is them who has the power [here],” Brosas said.

Rodriguez conceded that she is correct.

Brosas then lamented that changing the 1987 Constitution would as good as junk the legacy of the 1986 People Power Revolution.

“If the con-con delegates are free to propose amendments, this is very dangerous. It would be impossible that the con-con can produce a new Constitution on his own conviction and volition and not in line with the interest of the sitting President. The one in power will be the one benefitting from Constitutional change,” Brosas said.

“Ginawa na noon ang pagkakaroon ng con-con para pahabain ni [late President Ferdinand] Marcos, Sr. ang kanyang political na pamamanginoon. Walang humahadlang kay [President Ferdinand] Marcos, Jr. na gawin ulit iyan, at iyan ang matinding pangamba ng mga kababaihan at mamamayan,” she added.

(This has been done before: Using con-con to prolong the tenure of President Marcos, Sr. as a political god. Nothing is stopping Marcos, Jr. from doing the same, and that is what the public is afraid of.)

Brosas was referring to the 1971 convention, which was formed to draft a new Constitution to replace the 1935 Charter. Marcos Sr. and his allies were seeking to replace the presidential system with a parliamentary one—Marcos Sr. at the time was serving his second and, under the Constitution, last term as president.

Rodriguez said constitutional amendments ultimately rest with the people.

“I believe that the people will choose con-con delegates whom they believe will be able to carry on the ideals of democracy and rule of law,” Rodriguez added.

The House of Representatives approved House Bill 7325 on second reading on Tuesday night. — BM, GMA Integrated News

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