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Charter Change?

Posted on: November 21, 2008

Cha-cha raw?

To hell with this!! That means we have to study a new constitution by the time we take the bar. Welga na!! Bawal ang CHACHA!!

But of course, other than that, there are many political issues needed to be resolved first. Of course, there’s an underlying reason. Baka naman hindi lang amendment ang habol nila, kundi isang revision ng Constitution. Especially since it’s Mikey Arroyo who’s leading the pack.

Art 17 of the 1987 Constitution states the following:

Section 1. Any amendment to, or revision of, this Constitution may be proposed by:
(1) The Congress, upon a vote of three-fourths of all its Members; or
(2) A constitutional convention.

Section 3. 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.

Hence, the easier way is for the Congress to convene itself is to follow Sec1(1). But there are no rules prescribed in the Constitution on how the Congress will convene itself to satisfy Sec. 1(1) of Art. 17 of the 1987 Constitution. Thus, if one questions its legality and brings the question to the Supreme Court, the SC Justices are the ones to decide. (But will it be a political question since it’s a matter of creating resolutions which is within the exclusive powers of the legislative? That’s something I’m not sure of).

Currently, what Mikey is trying to do is to gather as many signatures as he could to pass the resolution. But the weird thing is, they are trying to get two-thirds vote of all the members of the Congress, so perhaps they are trying to create a Constitutional Convention? Hmm.

Which leads us to another point. Six members of the SC Justices will be retiring come 2009. So if the President replaces them with 6 “friendly justices” (coined by Inquirer), she only needs 2 current Justices to grant her favorable decisions in cases decided En Banc. Interesting. So if the resolution pushes through, and it is questioned come 2010…who knows what will happen? (Of course, we are free to speculate that it will be highly favorable) This is exactly what the opposition fears. So they have to remain vigilant and observant.

Wow. Unbelievable. Everything seems to be favorable to GMA.

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