Jinggoy: Joint Cha-cha voting unconstitutional

MANILA, Philippines — Making both houses of Congress vote jointly and not separately on amending the 1987 Charter would be “unconstitutional,” Sen. Jinggoy Estrada said yesterday.

Speaking to reporters on Viber, Estrada also said congressmen might be setting up a trap for the senators with their insistence that the two chambers jointly tackle Resolution of Both Houses No. 6.

He said such an arrangement might end with the two chambers eventually voting as one.

“Wherever it goes, even if it goes to the Supreme Court, it’s really separate voting,” Estrada said.

When asked whether the Senate would agree to a joint session with the House but voting separately, Estrada said he would “bow to the wisdom of the majority of the senators.”

“We don’t know if it can be a trap or not,” he said, adding that congressmen may have to “present a proof of life.”  

He reiterated his call for congressmen to “heed President Marcos’ advice” that they let the Senate “take the lead” in Cha-cha.  

Sen. Sherwin Gatchalian said the House of Representatives should respect the bicameral nature of Congress instead of insisting that the constituent assembly (con-ass) mode of Charter change be a joint vote.

He was reacting to a claim by members of the lower House that RBH6 was unconstitutional for mandating a separate vote on amendments to the Charter.

The House filed what it called its own version or a copy of RBH6, which it called RBH7.

It only stated in general terms that all members of Congress should vote on the amendments.

Gatchalian cited the statements of constitutional experts and retired justices during the Senate’s hearings that Charter change has to undergo the same bicameral legislative procedure.

“Let us not make this complicated anymore and fight about the modality, because we might never achieve our goal of amending the economic provisions,” Gatchalian said.

“Let’s follow the intention of the framers, which is to vote separately. The President has also settled this matter,” he added.

With the Senate tackling proposals to ease the foreign investment limits on public utilities, advertising and education, Gatchalian said Charter change should also allow foreign investments in