Ako Bicol Representative Alfredo Garbin Jr, the panel chairman, argued that the committee can supposedly be treated as a Con-Ass – one of 3 modes allowed to amend the 1987 Constitution – because they are exercising their power to propose amendments to the charter.
Minutes later, Marcoleta directly asked Garbin if the committee is already sitting as a Con-Ass. Garbin agreed. "A Constituent Assembly is a body authorized by the Constitution to propose amendments or revision. Congress is already authorized by Article XVII to propose amendments or revision. In other words, the Constitution has made Congress both an ordinary legislative body, through Article VI, and a Constituent Assembly, through Article XVII," he added.
Should both chambers approve different amendments, a bicameral conference committee can be convened to reconcile the differences. “That’s a novel idea. The practice and jurisprudence is that there must be a resolution from both houses to convert Congress into a Constituent Assembly. It must also be the whole House and not just a committee of a House,” said La Viña.
"Amendment via legislation route of House is not the Constituent Assembly contemplated by the 1987 Constitution," said the Bayan Muna congressman. The veteran lawmaker argued that if Congress were to convene into a Con-Ass, then the House and Senate must vote jointly on the amendments.
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