Senator Francis “Chiz” Escudero has cautioned his colleagues against proceeding with future hearings on Resolution of Both Houses No. 6 without any clear set of guidelines stipulated in the Senate rules.
During the Senate’s plenary session on Wednesday, February 28, Escudero pointed out that the Rules of the Senate do not have a specific section regarding procedures on constitutional amendments, compared to the House of Representatives.
“I raise this because we do not have a counterpart or similar rule. And right now, as things stand, the House of Representatives it seems has a rule on how to adopt proposals or reject proposals to amend the constitution while the Senate does not,” Escudero said.
Under the House Rule XXI Section 143, it is stated that “the Congress, upon a vote of three fourths (3/4) of all its Members, may propose amendment(s) to or revision of the Constitution.” On the other hand, Section 144 prescribes that “Proposals to amend or revise the Constitution shall be by resolution which may be filed at any time by any Member. The adoption of resolutions proposing amendments to or revision of the Constitution shall follow the procedure for the enactment of bills.”
According to Escudero, there is a need to revisit the Rules of the Senate to craft provisions parallel to it before pushing through with another scheduled hearing of the Subcommittee on Constitutional Amendments and Revision of Codes.
Sen. Juan Edgardo “Sonny” Angara, chairman of the subpanel, said the next hearing would be on March 5, 2024.
Escudero also said another thing the Senate must resolve is Sen. Risa Hontiveros’ “prejudicial question” in the sub-committee’s previous hearing pertaining to doing a constituent assembly (Con-Ass) by separate sessions of the House and the Senate or through a joint session by both Houses.
“If, for example, we follow or take the position that there has to be a joint session, that separate sessions are not allowed, then clearly, we are wasting our time,” Escudero said.
“I bring this up again to reiterate the prejudicial question raised by Senator Hontiveros because for me, this matter has to be settled before we proceed with further hearings, especially the hearing on March 5,” he stressed.
“That is the reason, Mr. President, why I urge caution and prudence over a hasty action on this matter and appeal to the Committee on Rules to study this matter and decide this with dispatch as well so that we would be proceeding in accordance with the rules that are similar with that of the House,” he said.
Escudero said the Senate cannot afford to follow a different rule and then eventually just fight and debate in the end.
In an interview, Angara said the Senate is eyeing to sponsor RBH 6 on the Senate plenary before President Marcos’ State of the Nation Address (SONA) so this can be debated by the Upper Chamber as a whole.
The Senate’s version, RBH No. 6 particularly seeks to amend the economic provisions of the 1987 Constitution, particularly Articles IX, XII, and XVI, or particularly public utilities, education and advertising.
The House of Representatives has also started its own deliberations on their version of economic amendments to the 1987 Constitution through Resolution of Both Houses No. 7.