Congressman Roilo Golez filed today House Concurrent Resolution for Congress to submit to the people the question of calling a constitutional convention. Golez is proposing that the plebiscite be held during the 2010 elections so that the people, instead of Congress, shall directly decide by a "yes or no" vote on the question of whether to call for a constitutional convention or not. This is in accordance with Section 3, Article XVII of the Constitution which provides that Congress, by a vote of majority of all its members, may submit to the electorate the question of calling a constitutional convention.
Golez said that this is a less politicized process and a clearer way of asking whether the people are in favor of charter change.
The following is the full text of House Concurrent Resolution No. 26:
Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
FOURTEENTH CONGRESS
Third Regular Session
House Concurrent Resolution No. 26
Introduced by the Honorable ROILO GOLEZ
CONCURRENT RESOLUTION
SUBMITTING TO THE PEOPLE THE QUESTION OF CALLING A CONSTITUTIONAL CONVENTION
WHEREAS, the issue of whether to call for a Constitutional Convention or for Congress to act as a Constituent Assembly to propose and approve amendments to the present Constitution has recently been the subject of much debate and controversy both in the public and within the session halls of Congress particularly in the House of Representatives;
WHEREAS, the 1987 Constitution itself provides for the manner in which amendment thereto may be proposed and approved;
WHEREAS, in Section 3 of Article XVII of the 1987 Constitution, it is provided that “The Congress may, by a vote of two-thirds of all its Members, call a constitutional convention, or by a majority vote of all its Members, submit to the electorate the question of calling such a convention.”;
WHEREAS, the option of making Congress decide to call a constitutional convention is a politically volatile and divisive issue and the inclusion of the election of the resultant constitutional convention delegates in the 2010 election would exacerbate the political noise in that election;
WHEREAS, submitting to the electorate the question of whether to call a constitutional convention appears to be the less politicized option and this question may be inserted in the 2010 election ballot;
WHEREAS, we should let the people, not Congress, decide whether they want a constitutional convention as it is in the people that sovereignty resides and it is the people that give the plenary authority of Congress;
WHEREAS, in that manner, the people would just face a simple Yes or No choice for calling a constitutional convention, instead of having to already select delegates in the 2010 elections;
WHEREAS, that way the people, not Congress, shall decide on (1) whether they want charter change and (2) whether it should be by constitutional convention;
WHEREAS, by adopting this procedure of submitting to the people the question of whether or not to call for a constitutional convention, and whether or not to have charter change in the first place, the electorate would not be exposed to an overdose of political noise and possible political indigestion if candidates for constitutional convention join the fray in 2010;
WHEREAS, with this simpler Yes or No proposition, the issue becomes clearer and less politicized, and most importantly, wiser;
WHEREAS, this option makes the clear statement: Let the people decide;
NOW, THEREFORE, BE IT RESOLVED AS IT IS HEREBY RESOLVED, BY THE HOUSE OF REPRESENTATIVES, THE SENATE CONCURRING, that Congress submit to the people the question of calling a constitutional convention.
Adopted,
ROILO GOLEZ
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