House constitutional amendments panel chairperson Rufus Rodriguez on Tuesday conceded that Constitutional conference (con-con) delegates could be licensed to introduce political amendments to the 1987 Constitution, together with modifications to the Bill of Rights and the grounds for declaring martial legislation.
Rodriguez was responding to a query from House Assistant Minority Leader Arlene Brosas of Gabriela party-list and Camarines Sur Representative Gabriel Bordado throughout the interpellation on the deserves of House Bill 7325 or the proposed Constitutional Convention Act.
The invoice covers the implementation of the Resolution of Both Houses 6, which requires a con-con to amend financial provisions within the 1987 Constitution, and supplies for the composition of the con-con delegation and a P10,000 per day compensation for every 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 mentioned.
“But once again, [in] our Resolution, it was clear that the amendments should be economic provisions,” he added.
Brosas pressed for particular particulars, 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 mentioned sure.
Brosas added, is it additionally potential to alter the type of authorities?
Rodriguez once more answered within the affirmative.
At this level, Brosas requested if this could imply that the Bill of Rights, together with the suitable to free press, would even be amended, to which Rodriguez answered that this could 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 rise up, when the general public security requires it.”
In addition, the 1987 Constitution states that any particular person arrested or detained throughout the suspension of the privilege of the writ ought to be charged inside three days or else they need to be launched.
“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 mentioned.
Brosas voiced her alarm over these concessions, saying that it’s clear Congress wouldn’t be capable of restrain con-con delegates from amending the 1987 Constitution outdoors Congress’ needs to restrict the amendments to financial provisions.
“We won’t know [what they will do] because it is them who has the power [here],” Brosas mentioned.
Rodriguez conceded that she is appropriate.
Brosas then lamented that altering the 1987 Constitution would pretty much 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 mentioned.
“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 finished earlier than: Using con-con to extend the tenure of President Marcos, Sr. as a political god. Nothing is stopping Marcos, Jr. from doing the identical, and that’s what the general public is afraid of.)
Brosas was referring to the 1971 conference, which was shaped to draft a brand new Constitution to switch the 1935 Charter. Marcos Sr. and his allies have been looking for to switch the presidential system with a parliamentary one—Marcos Sr. on the time was serving his second and, beneath the Constitution, final time period as president.
Rodriguez mentioned constitutional amendments in the end relaxation with the individuals.
“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 accepted House Bill 7325 on second studying on Tuesday evening. — BM, GMA Integrated News
Source: www.gmanetwork.com
