Liveblogging chacha 3

Session adjourned for lack of quorum. Only 94 congressmen were present at about 7:30 p.m.
Notes on yesterday’s (April 22) proceedings at the House of Representatives. Though there was a quorum when the first roll call was made, many had left at about 7:30., and it had to be adjourned for lack of quorum.
Whenever the consti speaks of congress of phils, any action taken by congress should be taken by both houses and we have already done that many times over. Sec 19 of art 7 of consti provides that pres may grant amnesty with the concurrence of the vote of majority of all members of congress. There have been several amnesty proclamations made by president, in all these concurrence we voted separately. The confusion in our minds about…started from fact that all previous amendments made by congress through consti assembly…this house is now acting on house reso 737…as a component of congress of the phils. This house reso is being considered by the constituent congress of phils, not by constituent assembly, there is no joint session assembled.

Chair: at this point of proceedings, consideration of 737 is still suspended. You want to suspend it, it is still suspended. When there is motion to resume consideration, then that is when it is in order for you to object.
SESSION SUSPENDED.

Resume: 6:30. Move to approve journal…asks secretariat to make sure only those in session hall are considered present.

Rodriguez: entries do not reflect that four leading cases of sc were cited which distinguished legislative from procedural power. Pablito sanidad v comelec, Enrique Garcia v comelec, lambino v comelec. Move that these particular statements be included in this portion of my appeal.

Ceriles: …author said impossible for comelec to conduct full automation by 2010…only track record is armm election, which accordingly could not be a good measure because there was no opposition to such election…(citing a tribune column)

Journal approved…

Reference of business…reading of bills and committees for reference to committees.

Second district batangas: If 197 or more sign…would that be a justifiable cause for sc?
Majority: justiciable…is matter appreciated by legal experts. Lawyers are probably divided on this…when is appropriate time to consider justiciable…suggest that gentleman…avail of the services of prominent and known consti lawyers as to when is right or appropriate time to file a petition with sc on this issue.

Batangas: assuming sc would take it up and say house would be sufficient to present an amendment to the people…at that point can there from a member of the house present let us say a bill amending the constitution, introducing an issue like a parliamentary system of gov’t? can that be entertained by house at that point in time?

Majority floor leader: don’t claim legal expertise on this nor the appropriate consti wisdom. Reiterate that he consult well known consti lawyer on this particular matter.

Batangas: more on process than actual legality. If for example…if sc at that point would say 197 of members of house sufficient to present to people..can any member of house present a resolution amending charter…parliamentary system…according to our rules.

Maj: difficult question. Afraid rules of HoR cannot help us…

Liza maza: 1109…different mode of changing consti compared to 737. Majority of authors of 1109 are also authors of 737. Would like to know if in order that member of house would propose two different resolutions on same subject matter. This is what is confusing. Because on the outset this looks like forum shopping. Want to ask opinion of leadership of house. These two resolutions are talking about different modes, then proper action of body is what we have always done in practice, to reconcile two different resolutions on same subject matter in committee on constitutional amendments. Not want to think authors are confusing members of house.

Majority floor leader: nothing confusing. Other people…self contradict, not only congresswomen, even congressmen sometimes contradict themselves. These are two separate resolution, 737 already on floor, up for debate. The other has to be referred to committee on rules…to be referred to plenary for inclusion in order of business. They will not be taken up together we still don’t know what consti amendments will do with that resolution.

Villafuerte: as and when 737 is called to sc and sc allows it to be given due course…he asks if there can be a separate resolution introducing proposed amendments to consti by changing system of gov’t. my answer to that in my opinion is in the negative following sc decision in 2006, lambino v comelec case and binay v comelec case…art 17 of consti, the powers therein provided are all constituent, when congress acts under this provision acts as constituent body exercising constituent powers. Therefore the rules governing the exercise of legislative powers do not apply. Because the acts stated under art 17 is not a legislative action but partakes of constituent act…using sc decision in 1987 constitution. Comments of maza that forum shopping…as lawyers, and here we can assert categorically that principle of forum shopping doesn’t apply in judicial proceedings.

House reso 737:

Villafuerte: in accordance with recommendation of speaker himself, i now move that we suspend consideration of reso 737 until we could reconcile the conflicting provisions with 1109.

Riza: second.

Majo: object. No legal basis…
House will vote on the motion…in favor of motion to suspend consideration of 737. Nays have it.

Casino: noticed majority leader shouting into the mike. How can the chair decide…we make sure the majority leader refrain from shouting into mike because it influences decision.

Quorum questioned. Sec gen directed to call the roll. 7:15.

94. For lack of quorum session adjourned.

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