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Con-Com undaunted by question on its legality

   

Members of the Constitutional Consultative Commission (Con-Com) are undaunted by a petition filed by the party-list group Abakada-Guro before the Supreme Court questioning the legality of Executive Order 453 which created the commission.

At a news conference, Con-Com Secretary General Lito Monico Lorenzana said, "We are waiting (for a copy of the petition). We welcome all sorts of TRO (temporary restraining orders)," Lorenzana told reporters.

Last Thursday, lawyer Samson Alcantara led the Abakada-Guro in asking the Supreme Court to stop the work of the consultative body formed by President Arroyo to study possible amendments to the Constitution.

In a 19-page petition seeking certiorari and prohibition, the group asked the High Court to declare as unconstitutional Executive Order 453 which created the commission.

"The creation of the consultative body is a waste of money because it is illegal," Alcantara said, claiming that President Arroyo had no authority to create a consultative body for Charter change.

Con-Com Chairman Jose Abueva said the commission is a mere study and consultative body.

He said the formation of the commission was legal because the President has the executive power to initiate and implement laws, including the proposed revision of the Charter.

"We’re part of the civil society. We’re a study group to review and work out on the proposals that we will present to the President," Abueva said.

He said the results of the Con-Com’s study would be forwarded to the President who in turn will transmit to Congress for further deliberations before being submitted to the people for a plebiscite.

Abueva expressed confidence that Con-Com’s work could help Congress decide to amend the present Charter. "What we will present them are feedbacks from across the country. I think (members of) Congress, with their busy schedule, can get help from the people, experts and scholars," he said.

In the plenary session, Villanueva moved to defer voting on report of the Committee on the Form of Government chaired by Commissioner Emmanuel Angeles recommending the shift to a parliamentary form of government.  

Angeles’ committee recommended a shift from a presidential to parliamentary form of government with a unicameral legislature.

Before the decision to defer voting on the issue, Commissioner Gerardo Espina Sr. voiced opposition to the shift of government, saying this would further expose the country to more political instability.  

"(There) will be great potential of instability because the prime minister (under a parliamentary form) has the prerogative to dissolve the parliament, while a member of parliament can at any time announce a vote of no confidence and call for an election," Espina said. "This will expose the country to more elections."

Espina said the prime minister would be indebted to members of parliament " can always stand to declare a vote of no confidence."

He also raised the possibility of a "dictatorship" by a dominant party.

Angeles defended the shift saying that a "dictatorship" would be welcome "if it benefits the greatest number of people." He pointed out that members of parliament would be directly elected by the people.

Meanwhile, Commissioner Raul Lambino pointed out that among the five permanent members of United Nations Security Council (UNSC), only United Kingdom has adopted a parliamentary form of government which he said indicated that a presidential form of government was more powerful.





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