Lawyer Romy Macalintal

Election law expert, lawyer Romy Macalintal has essentially provided a "legal basis" against holding the plebiscite for Charter change (Cha-cha) at the same time as the 2025 midterm elections. 

House Deputy Speaker Quezon 2nd district Rep. David "Jay-jay" Suarez offered this take Monday, March 4 in a press conference with fellow congressmen. 

The solons were asked to chime in on Macalintal’s pronouncement that the proposed synchronized holding of the plebiscite and midterm polls next year was unconstitutional. 

"Sa inilabas ni Atty. Macalintal na posisyon na ilegal po ito, siguro ngayon mayroon na rin po tayong legal basis para ipakiusap na imbis na isabay, agahan nalang po natin yung pagco-conduct po natin ng plebisito pag dating sa amendments ng ating Saligang Batas," Suarez said. 

(With Atty. Macalintal's position saying that it is illegal, perhaps now we have the legal basis to instead seek the early conduct of the plebiscite for the amendments to the Constitution.) 

Suarez made no bones about his preference to hold the Cha-cha plebiscite this year as opposed to next year. 

"I welcome the opinion of Atty. Macalintal and ako naman (for me), ever since we've talked about conducting a plebiscite for amending the Charter, I have been consistent with my position na hindi po talaga dapat isabay po ito sa midterm elections natin (that it shouldn't be held alongside the midterm elections)." 

As reason number one, he said, "We cannot allow the Constitution to undergo political mudslinging and be politicized by what happens during mid-term elections where politicians go back and forth." 

READ THIS:

https://mb.com.ph/2024/3/4/no-senate-rules-for-cha-cha-that-s-villanueva-s-job-says-house-leader

"Number two", the Quezon lawmaker continued, "We cannot allow that the Constitution be tackled in the same level as a midterm elections because mas mahalagang pag-usapan natin lamang ang Konstitusyon kaya dapat naka bukod po ito pagdating sa pagbobotohan." 

(Because it's more important to talk solely about the Constitution, as such it should be separate when it comes to voting.) 

"You know the Constitution is the supreme law of the land and we have to protect it, we have to uphold it, we have to safeguard it, and in doing so, we have to make sure that when we do conduct amendments and go through a plebiscite for it, nakatutok lamang ang atensyon at pag-uunawa ng tao sa pag-uusapan natin," he further explained. 

(We should make sure that the people's attention and understanding are fixed to this topic.)
 

The 300-plus strong House of Representatives, acting as a Committee of the Whole, is on its second week of deliberation on Resolution of Both Houses (RBH) No.7, which espouses revisions to the economic provisions of the Charter. 

The House had earlier aimed to aprpove RBH No.7 before the end of March in an effort hold a plebiscite this 2024.