Metro Manila (CNN Philippines, January 13) — After failed attempts to amend the Constitution during past administrations, the House of Representatives is determined to make huge progress this time through a people’s initiative.
House Speaker Martin Romualdez earlier said the lower chamber will again focus on Charter change or Cha-cha this year.
Before the 19th Congress went on break in December, Romualdez said they will concentrate on the economic provisions of the Constitution to keep up with the changing times.
In March 2023, the House approved a resolution calling for a constitutional convention to amend the Charter.
But the resolution continues to languish in the Senate.
This time, the House is trying to amend the Constitution through a signature campaign or people’s initiative.
What is people’s initiative?
The 1987 Constitution provides for three ways to change the Charter — through a constitutional convention, constituent assembly, and people’s initiative.
Under Republic Act No. 6735 or the “The Initiative and Referendum Act,” at least 12% of all the registered voters must sign the petition to amend the Constitution.
At least 3% of registered voters in each legislative district must be represented in the petition.
Once the required number of signatures is met, the Commission on Elections (COMELEC) shall then call for a referendum on the petition.
The COMELEC publish twice in Filipino and English the petition in newspapers and set the date of the referendum.
If the majority voted in favor of the proposition, the amendment shall become effective 15 days after its publication in the Official Gazette.
But if the majority vote was not obtained, the Charter that was sought to be amended shall remain in full force and in effect.
‘Inadequate’
However, a Supreme Court ruling said RA 6735 remains “inadequate” to amend the 1987 Constitution.
“R.A. No. 6735 (is) inadequate to cover the system of initiative on amendments to the Constitution, and to have failed to provide sufficient standard for subordinate legislation,” the court said in Santiago vs. Comelec in 1997.
\”The COMELEC has no power to provide rules and regulations for the exercise of the right of initiative to amend the Constitution. Only Congress is authorized by the Constitution to pass the implementing law,\” the ruling said.
Hence, there is no basis to implement the said law.
“The COMELEC should be permanently enjoined from entertaining or taking cognizance of any petition for initiative on amendments to the Constitution until a sufficient law shall have been validly enacted to provide for the implementation of the system,” it also said.
But the ruling agreed that proposing amendments to the 1987 Constitution “should no longer be kept in the cold.”
“It should be given flesh and blood, energy and strength,” the Supreme Court said. “Congress should not tarry any longer in complying with the constitutional mandate to provide for the implementation of the right of the people under that system.”
Bad moves
The renewed push for Charter change was slammed by lawmakers because of the alleged questionable tactics used by some of its proponents.
The Makabayan bloc is thinking of filing a resolution seeking a House inquiry into the possible use of public funds to finance the recent television ad for Cha-cha.
The paid advertisement called for the amendment of the 1987 Constitution, claiming that the existing Charter after the 1986 EDSA People Power Revolution halted the country’s progress by blocking global investors and only benefiting businessmen.
The advertisement also used the catchphrase “EDSA-pwera,” a play on EDSA and the Filipino word for being “left out.”
Meanwhile, Senator Imee Marcos wanted a Senate probe into the alleged bribery in the signature campaign for the Cha-cha petition, with up to ₱20 million reportedly being offered to each district to buy signatures.
The presidential sister said the money is released as various forms of government assistance.
The Department of Social Welfare and Development and the Department of the Interior and Local Government denied their involvement in the signature drive for Cha-cha.
The senator’s allegation came after Albay 1st District Representative Edcel Lagman previously claimed that the Ako Bicol party-list released funds intended to bribe voters into signing the petition for ₱100 each.
Although former Ako Bicol Party-list Rep. Alfredo Garbin Jr. admitted that municipal mayors in Albay have started to collect signatures from residents, he denied that they were buying votes.
Senator Marcos also claimed that a so-called “Project PI” contains a detailed timeline of the alleged plan to amend the 1987 Constitution via the people’s initiative.
Despite the push by the lower chamber for Cha-cha in 2024, the senator said her brother, President Ferdinand Marcos Jr., is not keen on touching the Charter for now.
