Press Release
November 23, 2008

Gordon warns House leadership vs bypassing the Senate on Charter change

The plan by the House of Representatives to convene itself into a Constituent Assembly (Con-Ass) faces outburst of public indignation should it bypass the Senate in introducing changes to the 1987 Constitution, Independent Senator Richard J. Gordon said today.

Gordon, chairman of the Senate constitutional amendments committee, issued the stern warning as House Speaker Prospero Nograles gave his go-ahead signal to his colleagues to proceed with moves to initiate amendments or revisions to the Constitution.

"I strongly warned House Speaker Nograles against his colleagues' moves to bypass the Senate in their attempt to railroad Charter change. If they truly represent the people and feel their sentiments, they should not to tinker with our Constitution at all," he said.

"Changing the Constitution at this time is not only divisive and ill-timed, but also incendiary when our people are hard-pressed with the skyrocketing prices of commodities and the deleterious effects of the global financial crisis on them," he added.

Article XVII, Section 1 of the 1987 Constitution provides that any amendment to - or revision of - the Constitution may be proposed by the Congress upon a vote of three-fourths of all its members.

"This constitutional provision should not be misconstrued as a provision where both Houses of Congress vote jointly. The Constitution, the fundamental law of our land, is very clear as when Congress may vote jointly, and this excludes Charter change," he said.

Gordon noted that only in cases of declaration of martial law can both Houses of Congress vote jointly, otherwise, they vote separately in cases, like the declaration of war, deliberation of foreign treaties and most importantly, proposal to alter the Constitution.

"We will not allow the Senate's voice - and vote - on the matter of Charter Change be diminished or laid aside," he said, insisting that the Upper and Lower House of Congress can legally and constitutionally vote separately on the issue of Charter change.

Gordon said he wants the issue of changing the Constitution as "an election issue" so that the move to alter it after May 2010 would be free from suspicions and any political vested interest of the President and other incumbent officials.

"Right now, it is not the time. We should instead focus our energies and attention on the problems confronting us, especially on the impact of the global financial crisis. We cannot remain divided at this time as a nation and as a people," he added.

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