SENATOR JOEL VILLANUEVA (JV): Mr. President, the gentleman from Sorsogon. Senator Chiz Escudero is seeking the floor. I moved that he be recognized, Mr. President.
SENATE PRESIDENT JUAN MIGUEL ZUBBIRI (JMZ): I just want to, before I recognize the gentleman from Sorsogon. My mayor from the town of Quezon, Bukidnon is here Mayor Uling Lorenzo happens to be here as well, Mayor. Yes, distinguished colleague from Sorsogon. Senator Chiz Escudero is recognized.
SENATOR CHIZ ESCUDERO (CHIZ): Thank you, distinguished Majority Floor Leader. Thank you, Mr. President. Mr. President, today we received a notice coming from the Subcommittee on Constitutional Amendments and Revisions of Laws scheduling a hearing on RBH 6 supposedly on March 5, 2024 at 10 a.m.
Mr. President, I bring this up because I remember during our first hearing Senator Risa brought up what she called was a prejudicial question, pertaining to either doing constituent assembly by separate sessions of the House and the Senate or through a joint session by both the House and the Senate. If I remember correctly, Justice V. V. Mendoza took the position that it has to be done via a joint session, while former Chief Justice Davide took the position that it can be done either through a joint or separate session for as long as both Houses voted separately in both instances.
Yesterday, Mr. President, distinguished colleagues, this issue was also raised in the House of Representatives and they were discussing RBH 7, which is an exact mirror image of RBH 6 except for the provision on voting. Now Mr. President, your Honor, in reply to an inquiry made by Representative Castro, acting Deputy Majority floor leader Boy Gonzales responded that they would be taking up RBH 7 as if it were an ordinary law. Meaning, it has to go to three separate readings according to MNI, paraphrasing, and after it is voted upon, unlike an ordinary bill, it has to get three-fourths of the vote of all the members of the House. And that thereafter it will be sent to the senate for our action. If it gets three-fourths of the vote then it is deemed approved. If it does not get three-fourths of the vote then it is deemed disapproved according to him.
Now Mr. Speaker, Majority Leader Gonzales was not actually making it up. He cited a specific rule in the House. And I refer to Rule 21, Section 144 and I had the privilege of, Mr. President, in 1998 of writing these rules, actually. Defending it on the floor, if you remember.
JMZ: Yes, I do.
CHIZ: In our first term. This Section 144, Mr. President, in Rule 21 is not found in the Senate rules. In time, I read it for the record, proposals to amend the Constitution. The previous section states Section 143 proposals. The Congress, upon the votes of three-fourths of all its members, may propose amendments to or revisions of the Constitution. Section 144, form of proposal and procedures of adoption. Proposals to amend or revise the Constitution shall be by resolution, which may be filed anytime by any member. The adoption of resolutions proposing amendments to or revisions of the Constitution shall follow the procedure for the enactment of bills.
Therefore, following this provision, Mr. President, distinguished colleagues, Majority Leader Gonzales said that the Committee of the Whole will report back to the committee on their report after which the committee will report out to plenary, after which they will put it to a vote. If it garners a three-fourths vote, then it is deemed approved.
Mr. President, I raise this because we do not have a counterpart or similar rule. And right now, as things stand the House it seems has a rule on how to adopt proposals or reject proposals to amend the Constitution while the Senate does not. If for example, we follow or take the position that if there has to be a joint session and that separate sessions are not allowed. Then clearly, we are wasting our time.
I bring this up Mr. President again reiterate the prejudicial question raised by Senator Hontiveros because for me, this matter has to be settled before we proceed with further hearings especially the hearing on March 5. For example, Mr. President, right now we have on file RBH 1 to RBH 5. RBH 1 I understand, already has a committee report and is being routed. Committee reports, Mr. President, are sequential in numbering. Ang mangyayari sa atin dito dahil unique nga ito at wala naman tayong rule para dito, if we vote apparently then successfully get three-fourths do we approve and ratify RBH 6? Hindi ba ‘pag nagpapasa tayo ng joint resolution to the House, iisa lamang ‘yung number nila at ‘yung number natin? Bakit magiging RBH 6 siya kung may 1 to 5 pang pending. Ibig sabihin ba n’on tulad nang sinabi ni Justice Azcuna kung naaalala ko na kakalimutan na natin yung 1 to 5 kasi nasa 6 na tayo. Ilang mga bagay na madaling mareresolbahan basta magpasya tayo na ang pagpasa ng mga panukala para baguhin ang Saligan-Batas ay susundan ang pagpasa ng ordinaryong panukalang batas o resolusyon na hindi natatagpuan sa kasalukuyang rules natin.
That is the reason, Mr. President, why I urge caution and prudence over a hasty action on this matter and appeal on the Committee on Rules to study this matter and decide with this patch as well, so that we would be proceeding in accordance with the rules that are similar at all with that of the House. Hindi ‘yung magkaiba tayo ng rules na sinusundan tapos pagdating sa dulo, doon pala magdedebate at mag-aaway-away. I think prudence will take the better part. Would serve as well on this juncture Mr. President. As suggested by the Majority Leader, it has to be a real not virtual meeting of the Committee on Rules.
JMZ: With the permission of Senator Chiz Escudero and Majority Leader, watching the news last night—because I review the news every night—I saw their Deputy Majority Leader Congressman Boyet Gonzales who’s one of the best I think majority leaders that we’ve experienced in the House of Representatives.
CHIZ: If not, the best actually.
JMZ: If not, the best. And he knows his rules.
JV: Most of us, Mr. President actually—
JMZ: —In one way or another served under him.
JV: Under his wings, Mr. President.
JMZ: Under his wings. He mentioned very clearly and I quote, “that what he was saying is we take it up like a bill, they pass it after it’s done the committee report is presided to the plenary in the House of Representatives, they vote three-fourths of the measure and it will be transmitted to the House” and if, I mean the Senate rather. If the Senate does not act on it then nothing happens, he said very clearly. If the Senate does not act on it and it does not get a three-fourths vote then there is no amendment in the Constitution. So, he was very clear yesterday but I agree with the good gentleman from Sorsogon we should be clear in our rules, particularly on it says Congress should be, the Senate upon a vote of three-fourths of the Senate, we have to make a separate because when you say the Congress it could mean—
CHIZ: —No. We can—
JMZ: —joint. So, we have to clarify it in our rules.
CHIZ: I agree, Mr. President, because again the Constitution provides that each chamber is solely, has the sole power of crafting its own rules of procedure. Only that it has to align as I said. Otherwise, both houses may be leading in separate directions discussing the very same matter of amending certain provisions of the Constitution. I’d like it to make it on the record also, Mr. President, that it’s been quite some time that the majority leaders agreed with something that the House is doing. So, let’s try to cherish this moment, relish and cherish this moment because-
JV: I hope the video will not be spliced this time, Mr. President. As I have been a victim of splicing of videos, Mr. President.
CHIZ: So may I reiterate, Mr. President, forgive me for the long explanation—
SENATOR PIA CAYETANO (PC): —Before his Honor reiterates, can I make, if with the permission of the Senate President—
JMZ: —Yes. Absolutely with the permission of the sponsor.
PC: Majority Floor Leader, I have a question, well it’s a question, Mr. President, because I did not catch that part of the news that our Senate President referred to. Does the statement of Deputy Majority Floor Leader Gonzales stand? Is that the official statement of the House because it may be one of, if it is then that’s very simple, is it one of three others then that’s very confusing? Because that is what is mentioned on the floor now. Can we rely on that statement or it’s just his personal opinion—
CHIZ: —Mr. President, whenever parliamentary practice and procedure dictate that the statement of the Majority Leader binds the chamber that he represents as supposed to a statement or position taken by the Minority Leader or anyone from the minority. If there is no objection then it is considered to be of the position of the Chair as well. Mr. President, Deputy Majority Leader Gonzales was not only citing his opinion he was quoting a provision in their rules again as stated by Majority Leader Joel Villanueva he was quoting rule 21 sections 143 and 144. So, he was not actually making it up. Now, sections 143 and 144, as I stated earlier, are not found in our rules
JMZ: Yes, and he was, just to clarify Senator Cayetano, he mentioned that in plenary. So, it was not an interview where it was a side comment. He mentioned it to answer a query of one of their colleagues it was not objected to. It was not objected by the members.