Ex-Ako Bicol Party-list Rep. Alfredo Garbin Jr. (left), Albay 1st district Rep. Edcel Lagman (Facebook, Screenshot from Zoom)

A former congressman has refuted Albay 1st district Rep. Edcel Lagman’s assertion that Charter change (Cha-cha) through People's Initiative (PI)--which the League of Municipalities of the Philippines (LMP) Albay Chapter is now advocating--does not have a "compliant implementing law". 

Lawyer Alfredo Garbin Jr., a former nominee of Ako Bicol Party-list in the House of Representatives, believes that its lawful for constitutional amendments to be directly proposed by the Filipino people. 

He cited Republic Act (RA) No.6735 or the enabling law implementing the power of People's Initiative to propose amendments to the 1987 Constitution as the legal basis for this mode of constitutional revision. 

“Ten [Supreme Court] justices have reiterated their earlier opinions that RA No.6735 is sufficient and adequate as an enabling [law] to amend the Constitution through a people’s initiative," Garbin said in a statement Sunday, Jan. 7. 

“In fact, Chief Justice Artemio V. Panganiban and Justices Consuelo Ynares-Santiago and Adolfo S. Azcuna joined their dissenting colleagues — Senior Associate Justice Reynato S. Puno, and Justices Leonardo A. Quisumbing, Renato C. Corona, Dante O. Tinga, Minita V. Chico-Nazario, Cancio C. Garcia, and Presbitero J. Velasco, Jr. — in ruling that RA 6735 suffices as an enabling law to implement the constitutional provision on people’s initiative,” he explained. 

Garbin added that in the resolution on the Motion for Reconsideration, the High Court noted that the majority of the justices voted to declare RA No. 6735 sufficient and adequate for a PI.

“[The case of] Lambino, thus effectively abandoned the ruling in Defensor-Santiago vs Comelec,” stressed the former chairman of the House Committee on Constitutional Amendments. 

On Saturday, Jan. 6, Lagman, a self-styled independent minority congressman, noted that there was no compliant implementing law for constitutional amendments via PI based on the SC's ruling in Santiago v. Comelec (G.R. No. 127325). This, despite the language of the 
Constitution that a Constitutional Convention (Con-con), Constituent Assembly (Con-Ass), and PI were the three modes for Cha-cha. 

It was on Friday, Jan. 5 that LMP President and Polangui Mayor Adrian Salceda announced during a meeting of the Albay chapter that a majority have expressed support for the ongoing signature drive to petition for charter amendments. 

Reports said that 15 of the province’s 18 mayors joined the discussions. A signature campaign is part and parcel of the PI mode. 

“We pledged to help gather as much signatures in support of charter amendments especially after learning from experts how the Constitution’s restrictive provisions hampered our progress as a nation,” Salceda said. 

“Local government leaders, by the very nature of our roles, are intimately connected to the daily lives and aspirations of our constituents. We are at the forefront of understanding their needs, challenges, and hopes. This unique position has inspired us to take a proactive stance in the People’s Initiative, recognizing the urgent need for constitutional amendments that reflect the evolving dynamics of our society,” he added. 

Invited as resource persons during the meeting were Garbin and current Ako Bicol nominee, Rep. Raul Angelo ‘Jil’ Bongalon.