Ilonggo lawyer calls for public vigilance vs. Con-Ass
Ilonggo lawyer Dan Cartagena urged the public to be vigilant after the president's State of the Nation Address (Sona) on July 27, 2009.
This is because after the president's Sona, Congress might convene into a constituent assembly and realize its plan to amend the 1987 Constitution.
Cartagena is against the manner and method of convening the constituent assembly (Con-Ass) which was approved recently through House Resolution 1109.
Cartagena, who is very vocal on social issues, believes there is a gray area with regard to what is meant by the Constitution as “3/4 vote of all members of Congress” to approve any amendment to the Constitution.
Congressmen who approved House Resolution 1109 want that the “3/4 vote” will come from all the congressmen and senators combined.
“I think the Senate and the House of Representatives should vote separately, otherwise the essence of having a bicameral Congress is defeated,” Cartagena said.
He added, “if the approval of the Senate and the lower house is needed to pass a simple law, how much more on a serious action like amending the Constitution?”
Cartagena also observed that the approval of HR 1109 was done in haste. “It was done through 'viva voce', the approval should have been done through nominal voting so the congressmen could explain their respective votes,” Cartagena said.
Cartagena clarified that there are indeed certain provisions of the Constitution that needs to be changed to adapt with the present condition of our country, but he said any amendment to the Constitution should follow the legal procedures.
The lawyer also added that at this point there are more important issues and concerns that need to be addressed by the lawmakers other than amending the constitution. “There's proper time for that,” said Cartagena.