Pagsingit ng "unless otherwise provided by law" sa mga babaguhing probisyon, rekomendasyon ni Azcuna at ilang kongresista | 24 Oras

8 months ago

Inirekomenda ng ilang kongresista at isa sa orihinal na framer ng 1987 Constitution ang pagsingit ng mga katagang "unless otherwise provided by law" sa mga babaguhing probisyon sa saligang batas. Ito raw ay para hindi maging mahigpit ang mga economic provision sa konstitusyon. Pero nagbabala laban dito ang isang dating Supreme Court Justice.

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Transcript

00:00 Some congressmen and one of them recommended the original framers of the 1987 Constitution

00:06 to restrict the use of unlawful means unless otherwise provided by law

00:10 in the provision of the Constitution.

00:13 This is so that the economic provisions of the Constitution will not be restricted

00:17 but a former Supreme Court Justice took care of this.

00:21 Tina Panganiban Perez was able to stop this.

00:27 Former Supreme Court Justice Adolfo Ascuna was one of the pioneers of the 1987 Constitution

00:34 which according to him is the longest constitution that has not been amended.

00:39 The reason is the vast provision on how the Congress will vote on the Charter Change,

00:45 whether the Senate and the House of Representatives will be separated or only one.

00:49 According to Ascuna, in the original draft of the 1987 Constitution,

00:53 the form of the government is unicameral. In the discussions for its abolition,

00:59 it became bicameral, which is the current form of the Congress.

01:03 But he did not change the provision on the vote of the two courts.

01:08 Ascuna believes that the vote should be separated

01:11 just like the two courts do in the ordinary law.

01:15 As long as you have three-fourths vote in the Senate and three-fourths vote here,

01:20 there's no question it can be considered as a proposed amendment

01:25 and submitted to the common elect for a plebiscite.

01:29 And that will fulfill the requirement of the first three-fourths vote of all its members.

01:38 And if there's any question, then let someone bring it to the Supreme Court.

01:43 To amend the Constitution, the recommendation of former Supreme Court Justice Adolfo Ascuna

01:49 is to amend the provisions of the "unless otherwise provided by law."

01:55 This is also the position of some Congressmen.

01:58 It makes it changeable by legislation.

02:01 This is, to me, the best solution to the economic provisions restriction

02:08 because economic provisions should be flexible and they should not be cast in stone.

02:15 The purpose is to introduce flexibility.

02:19 We don't want to put a specific parameter.

02:22 But former Supreme Court Justice Reynato Puno is against this.

02:27 I raised a red flag on this way of amending the Constitution.

02:35 I suggested that we just repeal outright these three restrictive provisions

02:44 that will release the power of Congress to pass the necessary laws

02:50 in order to liberalize the so-called restrictive provisions.

02:57 Some Congressmen have already answered.

03:00 There will always be the possibility of a constitutional challenge.

03:04 So the question before us now as lawmakers,

03:07 will we continue this if we know that this will be a challenge?

03:11 Of course, at the end of the day, it will still go back to the plebiscite.

03:15 The target of the Camera is to finish the deliberation on RPH 7 next week

03:21 and to include it in the second reading from March 11 to March 13.

03:27 It is possible to include it in the third reading before the Congress holiday break on March 23.

03:33 However, the "unless otherwise approved by the Senate" will not be a problem.

03:39 This was first stated by the Senators that they will not hasten the deliberation

03:43 on the amendment of the economic provisions of the Constitution.

03:47 For GMA Integrated News, Tina Panganiban Perez, for Tutok, 24 hours.

03:55 [Music]

Pagsingit ng "unless otherwise provided by law" sa mga babaguhing probisyon, rekomendasyon ni Azcuna at ilang kongresista | 24 Oras

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