Bohol Sunday Post | June 7, 2009

Like the “Charge of the Light Brigade”, two former delegates of the 1971 Constitutional Convention led disgruntled Boholanos, in their opposition to a House initiative, calling for a constituent assembly or con ass.

House Resolution 1109 authored by Speaker Prospero Nograles called for a constituent assembly even without Senate participation after it managed to obtain a simple majority in its session midnight of Monday.

Known as the con ass initiative, it was done in haste provoking outrage from practically all sectors of society.

In Bohol, ex-Concon delegates Victor de la Serna and Natalio “Chito” Castillo, Jr. rallied Boholanos to thrash the Congress resolution saying it was the height of shamelessness and arrogance.

It was a case of an odd combination for the two combative personalities when a supposed administration stalwart joined them in their spirited effort to come up with a common stand against con ass irregardless of political color.

Throwing political caution to the wind, acting Gov. Julius Ceasar Herrera joined the de la Serna-Castillo duet in castigating the congressmen who voted affirmatively to the controversial resolution.

Even Mayor Dan Neri Lim also painted his own grim scenario should the people failed to derail the con ass express in its tracks. The city mayor warned of a major political upheaval should the people decide to take the law into their own hands.

There was no question that it was railroaded in the House when it was voted viva voce in the plenary. An overwhelming majority carried the resolution to its final approval about midnight Monday despite the legislative heroics of opposition congressmen to place it in the back burner.

In the aftermath of the indecent proposal to mangle the Constitution by all means--say like the dreaded con ass, the three Bohol congressmen were men enough to own up responsibility as signatories of the measure.

The first to make a sound byte about his con ass vote was Cong. Adam Relson Jala of the third district.

Jala’s stand was already anti-climatic after he provided the trigger mechanism that led to the passage of House Resolution 1109. The young Jala was the congressman who filed a petition before the Supreme Court asking the high tribunal to make a definitive ruling on a vague constitutional provision whether Congress as one will vote jointly or separately on issues like dismantling the fundamental law of the land.

Without missing a beat, the High Court dismissed the Jala petition as still premature but just the same the political maneuver succeeded in stirring a hornet’s nest in the House. In its ruling, the high tribunal ruled as premature Jala’s petition for lack of justiciable reason.

Jala filed the petition after delivering a privilege speech in the House floor on the same issue whether Congress can act as one body to constitute a constituent assembly, one of the modes allowed by law in tinkering the charter.

As for the two other congressmen—Edgar Chatto and Roberto Cajes, they confirmed that they were part of the 171 congressmen who did sign the controversial resolution.
CHATTO’S POSITION
In affirming his signature to the resolution, Chatto said his position has always been consistent every time constitutional change is discussed in the floor.

As in his previous pronouncements, he was for constitutional convention, citing it as the most democratic and participatory mode of introducing charter change.

However, he said, it was his belief that on the con ass issue repeatedly brought before the plenary, the same must find its way to the Supreme Court to resolve the ambiguity of the constitutional provision regarding joint or separate voting of the Senate and the House. He added that the two chambers must be part of the process although other would claim otherwise.

He argued that a definite SC ruling on the issue will form part of the law of the land, hence, a clear guide in future moves of amending the charter.

With that in mind, Chatto said, and with the adoption of provisions on no postponement of the 2010 elections, no term limits for all elected national and local officials and other conditions, “I voted in the affirmative with the strong reservations consistent with my earlier position in the 13th Congress”.

CAJES’ STAND

As for Cong. Cajes, he urged the Post to read House Resolution 1109 en toto for a better understanding of its provisions.

The second district lawmaker said the primary purpose of the resolution is to have an actual justiciable controversy so that the SC will judicially and finally determine the correct interpretation on the constitutional issues as mandated in Section 1 Article 17 of the Constitution which states that : Any amendment to or revision of the constitution may be proposed by Congress, upon a vote of ¾ of all its members or by a constitutional convention.

In justifying his yes vote, he took shelter to at least two caveats of the resolution. One, that there shall be elections in 2010. Two, that the term of the President, senators, congressmen, governors, mayors, whose term will expire in 2010 shall not be extended.

But con ass oppositors led by the two ex-Concon delegates refused to be swayed into agreeing with the arguments espoused by the three solons.

As for Herrera, at the risk of running afoul with the stand of administration allies rooting for the resolution, he said it was the height of insensitivity for Congress to ram through the people an unpopular move like con ass.

Lim, for his part, was also categorical in his opposition to the Congress resolution calling for a con ass.

To show his dismay to the Congress resolution, he offered to lead a protest-rally if only to dramatize his position that he was against this manner of changing the constitution.

DE LA SERNA TIRADES

De la Serna’s tirades were typical de la Serna.

In his press statement, he said the House resolution convening itself into a constituent assembly was perhaps the most blatant display of arrogance and shamelessness in the face of overwhelming sentiment of the people against charter change.
He said it was arrogance because they themselves know that what they are doing was violative of the Constitution.

It was also shameless, according to de la Serna, because 80% of the people were strongly against charter change.
He added that instead of devoting their time to alleviate the suffering of the people due to poverty, massive unemployment, hunger, the broken educational system and utter lack of basic services, they have instead chosen to indulge Gloria Arroyo and betrayed their people and enrich themselves in the process.