People's Initiative threatens legislative checks and balances: Carpio | ABS-CBN

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People's Initiative threatens legislative checks and balances: Carpio

People's Initiative threatens legislative checks and balances: Carpio

ABS-CBN News

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Speaker Ferdinand Martin Romualdez (right) discusses with Senate President Migz Zubiri during a luncheon meeting with ambassadors and diplomats of APPF-member countries at the Shangri-la Hotel in Global City, Taguig on March 21, 2023. House Media Affairs handout
Speaker Ferdinand Martin Romualdez (right) discusses with Senate President Migz Zubiri during a luncheon meeting with ambassadors and diplomats of APPF-member countries at the Shangri-la Hotel in Global City, Taguig on March 21, 2023. House Media Affairs handout

MANILA — Former Supreme Court Associate Justice Antonio Carpio sees a red flag in the People's Initiative campaign to change the 1987 Constitution, saying it threatens legislative checks and balances, a cornerstone of the Philippine democratic system.

He warned that the proposal to change the charter to make Congress vote jointly on revisions or amendments would give the numerically superior House of Representatives a free hand on constitutional change.

"What they're asking [for] is a blank check for the House. The House will get a blank check to change anything, including revision," he said.

Changes to the 1987 Constitution will need to be ratified in a national plebiscite.

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'PEOPLE'S INITIATIVE PROPOSAL NOT A SIMPLE AMENDMENT'

Carpio said that he sees the proposal as a revision — which would require a constituent assembly or a constitutional convention — and not an amendment of the 1987 Constitution.

"Since this is only people's initiative, it can only amend but not revise the Constitution and that's fundamental because that's how the framers of the Constitution said (it)," he said.

He said that there is a need to settle whether the proposal in the People's Initiative is a simple amendment.

"Kasi ang proposal nila, when Congress convenes the constituent assemby they shall vote jointly, the House and the Senate," Carpio said.

The Philippines has a bicameral legislature under the 1987 Constitution.

"If Congress wants to change it, there should be a higher majority. Say two thirds vote of each chamber — of the House, of the Senate to approve it," he added.

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Senate President Juan Miguel Zubiri has publicly opposed the People's Initiative campaign, saying it would lead to a clash between the chambers of Congress.

He has filed a resolution to review the Constitution and to propose changes to economic provisions in it.

House Speaker Martin Romualdez has said the House will support and adopt Zubiri's Resolution of Both Houses No. 6.

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'PROCESS MUST BE TRANSPARENT'

Carpio emphasized the necessity for transparency in the charter change process, saying "there is no law that can stop it but you can go to previous rulings of the Supreme Court."

He outlined two pivotal requirements: transparency in the gathering of signatures and a clear disclosure of the exact provision intended for insertion.

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A previous People's Initiative attempt was thrown out by the Supreme Court in 2006, with the court saying it was not clear that signatories knew what they were agreeing to.

Proponents of the current campaign say they have addressed that issue by including the proposed amendment on the signature sheets and by campaigners giving short lectures on it. — from a report by Izzy Lee, ABS-CBN News

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