Lacson files Con-Ass reso in Senate

FILE: Senator Panfilo “Ping” Lacson (Photo: Senator Ping Lacson/Facebook)

Senator Panfilo Lacson on Monday filed Resolution No. 580 calling for the constitution of the Senate of the Philippines into a Constituent-Assembly (Con-Ass) to propose amendments to or revision of the Constitution.

Lacson noted three methods of amendment or revision which are: 1) through the Congress, upon a vote of three-fourths of all its members, 2) through a Constitutional Convention (Con-Con), and 3) through the direct proposal by the people known as “People’s initiative.”

The Senator’s proposal separates the Senate as a constituent assembly from the House of Representatives, because according to him, both houses amending the Constitution will render the upper house as useless.

On January 11, Thursday, Lacson announced his filing of the resolution against the joint session pushed by the lower chamber.

“Papayag ba ‘yung Senado na papasok kami sa isang joint session with the lower House, knowing na 24 lang kaming mga senador… Ano pang saysay ng Senado? Wala kaming boses dun, ibig sabihin tatango na lang kami, iiling (Will the Senate agree to have a joint session with the lower House know that there are only 24 of us senators…What sense will having the Senate have? We have no voice there, it means we will only be nodding or shaking our heads),” Lacson said.

In Resolution No. 580, Lacson also noted Constitutionalist Father Joaquin Bernas’s view that the Constitution does not require a joint session.

“The elements of this mode are all in Article XVII. The fundamental principle is that what is not prohibited by the Constitution, either explicitly or implicitly is left to the discretion of Congress. It is clear from Article XVII that the power to propose amendments can only be ‘activated’ by Congress,” Bernas was quoted in Lacson’s resolution.

Lacson also noted the opinion of Adolfo Azcuna, a retired Justice, and a member of the 1986 Constitutional Commission

“There is no general provision which says that Congress when tackling not legislation, must meet in joint session. There is none. When it comes to amendment, it doesn’t say you have to meet in joint session,” Azcuna said, as quoted by the resolution.