Cha-cha signature push akin to a scam, solon says

A lawmaker on Thursday branded the alleged signature campaign pushing for the amendment of the 1987 Constitution through people’s initiative (PI) as “pambubudol” (scam). 

In Tina-Panganiban Perez’s report on “24 Oras,” Kabataan Partylist Representative Raoul Manuel said he believes the campaign “distorts the concept of people’s initiative to facilitate the attempt to push charter change (cha-cha)."

“Ang mangyayari rito, kung jointly na magpapasya ang Senate at ang House - ang House, merong 300+ members - outnumbered talaga ang Senate,” said Manuel. 

(If they will vote jointly, the Senate will be outnumbered.)

“And for the longest time naman, hindi talaga umuusad ang charter change sa loob ng Senado,” he added. 

(For the longest time, cha-cha talks never flourished in the Senate.)

Several solons and personalities received a photo of alleged documents that residents in some cities and provinces were being asked to sign. 

The documents are all advocating for the amendment of the 1987 Constitution, specifically Article 17 Section 1 No. 1, which stipulates that cha-cha may be proposed by the “Congress, upon a vote of three-fourths of all its members."

There have been ongoing debates on the implication of the provision, whether it pertains to 3/4 votes of the House members, 3/4 votes of the Senate, or 3/4 votes of Congress as a whole. 

“Tingin natin, isang paraan na naman ito ng pambubudol sa taumbayan kasi pag ganoon, iniimpluwensiyahan sila para sumang-ayon sa isang bagay na hindi naman lubos na naipaliwanag sa kanila,” said Manuel. 

(We see this as a way of scamming the people. They are influencing them to agree on something they do not fully understand.) 

The Makabayan Coalition said it is considering filing a resolution to investigate the signature campaign. 

GMA Integrated News sought comment from the House majority, but has yet to receive a response.

Meanwhile, the Commission on Elections (Comelec) said it would verify the documents to ensure that the signatures were registered voters. 

“Yun pong pagbabayad, yan po ay titingnan din ng Comelec. Dahil alam nyo, kinakailangan sana kapag ikaw ay nagpapapirma, bukal sa dibdib at kalooban ng mga pumipirma,” said Garcia. 

(We will look into this. If you will sign, make sure you’re doing it wholeheartedly.)

House, Senate voting

Lawyer Raul Lambino, who also initiated a signature campaign for cha-cha in 2006, said the joint voting of the House and Senate may lead to the faster amendment of other Constitutional provisions.

“Tama ang strategy. Babaguhin kung paano boboto 'yung Kongreso, gagawing jointly tapos uupo na 'yung Kongreso ng Pilipinas bilang Constituent Assembly at sila 'yung magbabago ng Saligang Batas,” said Lambino in Sandra Aguinaldo’s report on “24 Oras”.

(They were taking the correct strategy. If they change the voting system and the Congress will sit as Con-Ass, then they can amend the 1987 Constitution.)

“Susunod dyan uupo na Congress as Con-Ass [Constituent Assembly], mas madali na ang mag-amend ng Constitution,” he added. 

(After that, the Constitution may be amended faster.)

Former Supreme Court Justice Associate Vicente Mendoza said the voting of the House and Senate on cha-cha should be separate.

“The House and the Senate must meet in a joint session. Ibig sabihin, pareho silang mag-a-assemble. Number two, 'pag may dumating na question, ang botohan dyan should be separate,” said Mendoza.

(The House and the Senate must meet in a joint session. It means they should assemble. In terms of voting, it should be separate.)

“Two-thirds is required so you must get two-thirds of the House and two-thirds of the Senate,” he said. 

Apart from the campaign, the pro-Charter change (Cha-cha) group People’s Initiative for Modernization and Reform Action (PIRMA) has started to air a TV ad questioning the 1987 Constitution and calling for changes to its provisions.

“Pero  kami ay private sector sila ay Kongreso, sila 'yung mga public officials that are elected. Ito is purely a civilian effort composed of private citizens and kami ay kumukuha rin ng signatures,” said PIMA National Convenor Noel Oñate.

(We’re the private sector.  This is purely a civilian effort composed of private citizens.) 

Legazpi City mayor Alfredo Garbin has alleged opposition lawmaker Edcel Lagman of turning back on his favorable position on amending the Constitution by joint vote of Congress.

Garbin said Lagman made the position during House deliberations in January 2021 before the House Committee on Constitutional Amendments.

"In an apparent 180-degree turn, Manong Edcel is now saying that joint voting of the House and the Senate is not desirable because the House will ‘overwhelm’ the Senate by its superiority in numbers. Why the sudden change of heart? Why is he now opposed to the joint voting of the House and the Senate?” Garbin said in a statement.

Garbin said during such deliberations, Lagman referred to the long-established Supreme Court decision on the issue of joint or separate voting in the 1967 case of Gonzales vs. Commission on Elections

“There is unequivocal distinction between legislative power exercised by Congress and the constituent authority discharged by it as a constituent assembly,” Garbin quoted Lagman as saying, citing congressional transcript.

Lagman, however, maintained that he never changed position but stressed that he is always opposed to inauthentic people's initiative.

"In the question whether the Constituent Assembly must vote separately by Chamber or jointly among the Representatives and Senators, I am not changing my position that there must be a joint voting because the Members of the Congress are not acting as legislators but as members of a constituent assembly where one member is entitled to one vote individually and not through their respective Houses, as impliedly held in Gonzales vs. Comelec (G.R. No. 192856, March 8, 2011)," Lagman said.

"What I am decrying are aberrations in the call for constitutional amendments via people’s initiative. The people’s initiative has been transformed into a congressional initiative because the gathering of signatures is being conducted by municipal mayors at the behest of the Members of the House," he added. —Sundy Locus with a report from Llanesca Panti/LDF/NB, GMA Integrated News