The Examiner Philippines

MANILA, Philippines (ABS-CBN News) With three session days left, the House of Representatives is set to deliberate on pending Charter change (Cha-cha) resolutions, and to possibly put these to a vote this week.

House Speaker Prospero Nograles on Friday said that aside from the Comprehensive Agrarian Reform Program (CARP) extension and right of reply bills, he will have the Cha-cha measures--House resolutions 737 and 1109--debated at the plenary before Congress adjourns sine die on June 3.

House committee on constitutional amendments chair La Union Rep. Victor Ortega confirmed that he sent House Resolution 1109 (HR1109) last Friday to the rules committee. It is the more controversial measure because it seeks convene Congress into a constituent assembly and propose amendments to the 1987 charter through a three-fourths vote of both houses voting jointly instead of separately.

This means the 270-member House of Representatives can propose and approve charter amendments even without one senator from the 23-member Senate participating.

HR 1109 was masterminded by Camarines Sur Rep. Luis Villafuerte, although he recently withdrew his signature because of disagreements with Nograles. However, other administration allies are still pushing for it.

The other Charter change measure, Nograles's HR 737, seeks to open up the exploitation of the country’s natural resources to corporations even if they are 100% owned by foreigners. It also allows foreign ownership of land.

HR 737 wants to amend the charter through the normal legislative route, which means that after the House approves it, the Senate will have to pass its own version, after which a single version is agreed upon in a bicameral conference committee, and then signed by the President into law.

Villafuerte said this Charter change mode is unconstitutional.

"HR 737 is taking the legislative mode,” said Nograles, the author of the resolution. “According to HR 1109, it's wrong [to do that]. Let's discuss it at the same time because they are connected," he said.

Liberal Party's Batangas Rep. Hermilando Mandanas earlier filed before the committee on constitutional amendments a motion to reconsider the 19-6 vote sending HR 1109 to the plenary. This motion would have required the committee to set another hearing on the resolution before it throws it to the plenary.

Mandanas said he was persuaded by Ortega to withdraw his motion.

Convene, yes; amend, no

A key mover in the Charter change initiatives in the House of Representatives, who refused to be named, told abs-cbnNEWS.com/Newsbreak that HR 1109 has “a chance of passing.”

The congressman said he expects a long deliberation on the measure. But if it gets to be voted upon, he said the House may approve only the convening of a constituent assembly. However, he said approving an amendment to the Constitution is an entirely different matter.

The two resolutions have been signed by more than half of the members of the House of Representatives. When they were filed, HR 737 and HR 1109 had 163 and 167 signatures, respectively.

These numbers are more than the required vote of absolute majority (147 votes) to convene a constituent assembly, but short of the three-fourths vote (220 votes) to approve an amendment to the Constitution, assuming Congress votes jointly.

Changing landscape

However, the political landscape has changed since these resolutions were filed. Getting them passed may not be as easy as it was thought to be since more administration allies are abandoning Charter change.

House majority leader Arthur Defensor, for instance, doubts whether HR 1109 will be approved. Like himself, he said a number of the signatories only did so to “accommodate” the resolution’s authors. But in the end, they won’t be voting for it.

"I believe that not all want it passed. The way I look at it, there are some who just want to see it debated on the floor. Many believe that the House alone cannot validly propose amendments to the Constitution without the participation of the Senate," Defensor said in a May 27 press conference.

“I predict that the resolution will be killed,” said Cebu Rep. Antonio Cuenco, also an administration ally, in the same press conference.

The real positions of congressmen will be seen during plenary deliberation and voting.

Come voting time, the number of signatures on the resolution is immaterial. The congressmen have to be in the plenary to vote for the measure. A congressman's absence is tantamount to a vote of disapproval.

As more administration allies abandon HR 1109, more congressmen have been softening up to amending the charter through a Constitutional convention (Con-con), the mode preferred by the Senate.

Nograles himself has said that if nothing happens to the two Charter change resolutions before Congress adjourns on June 5, they will start entertaining Con-con when session resumes in July.

Elections in 2010?

Charter change initiatives in the House of Representatives have been seen by critics as moves by Malacañang to extend President Arroyo's term. The proponents have repeatedly denied this, however.

During the merger ceremony of two administration political parties last Thursday, President Arroyo made assurances that there will be elections in 2010.

"Cynics and detractors love to paint grim scenarios about a cancellation of the 2010 elections. Let this merger of Lakas and Kampi be tangible proof of the administration's readiness, nay determination, to help ensure that the elections do push through," the President said.

Still, the members of the opposition warned that Charter change could still be passed, and urged everyone to be vigilant.

“If there is a will, there is a way dito e. Pwede talagang ipilit. Pero dapat matakot ang mga makukulit. Ayaw ng tao ang Cha-cha. Pag nag-backfire ‘yan sa mga nagpipilit, sila rin ang malalagot,” Cibac Rep. Joel Villanueva said in a text message.

“Kung ipipilit nila na ilusot, marami din namang magpipilit harangin,” he added.