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'Tuloy pa rin': Economic Cha-cha must be pursued despite Puno's warning of constitutional challenge, says solon
'Tuloy pa rin': Economic Cha-cha must be pursued despite Puno's warning of constitutional challenge, says solon
At A Glance
- For 1-Rider Party-list Rep. Rodge Gutierrez, there's no other way forward but to face the risk of constitutional challenge in the ongoing effort to amend the 1987 Constitution.
- Gutierrez gave this remark in light of former Supreme Court (SC) Chief Justice Reynato Puno's warning to Congress against inserting the words "unless otherwise provided by law" in the economic provisions of the Charter.
Former SC Chief Justice Reynato Puno (Facebook)
For 1-Rider Party-list Rep. Rodge Gutierrez, there's no other way forward but to face the risk of constitutional challenge in the ongoing effort to amend the 1987 Constitution.
Gutierrez, a lawyer, gave this statement Tuesday, Feb. 27, a day after former Supreme Court (SC) Chief Justice Reynato Puno warned Congress against inserting the words "unless otherwise provided by law" in the economic provisions of the Charter as a catch-all phrase for future amendments.
During the first day of deliberations on Resolution of Both Houses (RBH) No.7 by the House of Representatives Monday, Puno said that using "unless otherwise provided by law" in this manner could be unconstitutional, and lead to challenge in court.
"I would say there’s no other way but to risk it. Kasi po (Because), any method that we take for constitutional change, for Charter change (Cha-cha) is actually subject to a constitutional challenge. It’s stating the very obvious po," Gutierrez said in a press conference.
According to the neophyte but very articulate congressman, any manner of constitutional amendment that Congress pursues get subjected to legal challenge anyway.
"Anything that we do whether it's in the House or in the Senate, there will always be the question of a constitutional challenge. There will always be the possibility of a constitutional challenge. So the question before us now as lawmakers, itutuloy pa po ba natin ito kung alam natin na challenge ito? Of course," Gutierrez said.
(Are we going to push forward even if we know that it will get challenged? Of course.)
"So the opinion of the Chief Justice merely highlights which points would subject it to [constitutional challenge]," he said.
"So we have no choice. If we want [Cha-cha] we must face that challenge. And as always, we will leave it to the [SC], who has proper jurisdiction on this, and we trust in their good judgment that they would see," the 1-Rider Party-list solon said.
"And most importantly, I think, despite any constitutional challenge, at the end of the day, uuwi pa rin po ito sa plebisito (this will go to a plebiscite). At the end of the day, it is the will of the people, the sovereign, that will be followed," he added.