Proem

The writers of the Constitution of the United States of America were familiar with the history of pure democracy in the City-States of ancient Greece. There were times that the majority of the people behaves as a mob and would ostracize or exile a good leader just because the majority likes it.

The delegates to the American Constitutional Convention took a long time in designing a system with checks and balances of the power of the officials.

We have been educated in the American political system and we followed the concept of checks and balances in our present Constitution.

What Our Congressmen Did

Last Thursday, December 7, 2006 in the wee hours of the morning, by a logic they alone could understand, the majority of the House of Representatives voted to call Congress into a Constituent Assembly to revise the Constitution.

One Congressman who is a member of the majority said, "We can do it because we have the numbers."

The Lower House of Congress has no qualms in saying that the proposed revision in the constitution is to create a Unicameral Parliament composed only of the House of Representatives and in effect eliminating the Senate.

The Senate in turn passed a Resolution that it would not agree to a Constituent Assembly.

If the House of Representatives is brazen enough to tell the Senate that it would be abolished, how do you think the Lower House would behave if it would become the only House in the legislature?

Constitutional Provisions

Art. XVII, Sec. 1 says: "Any amendment, or revision of, this Constitution may be proposed by: (1) The Congress, upon a vote three-fourths of all its Members; or (2) A constitutional convention.

Art. VI, Sec. 1 says; "The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provisions on initiative and referendum.

Rep. Villafuerte's Argument

Congressman Luis Villafuerte of Camarines Sur was the sponsor of the resolution calling for a Constituent Assembly. He argued, "We are not excluding the Senate. The Constitution said three-fourths of the members of Congress. Therefore we count the number of Senators and add it to the number of Congressmen, and from the total we strike off the three-fourths. If those in favor reaches the required three-fourths, then the Resolution is carried."

Rep. Teodoro Lonsin's Interpellation

"Is there no other vote needed to make it the act of Congress?" Villafuerte's answer, "None." "The vote of the Senate is not needed?" Villafuerte's answer," I don't think so."
Rep. Roilo Golez's Interpellation

"I think you did not read properly the provision, it says 'The Congress.' A House Committee is not 'The Congress," an assembly of Congressmen and Senators is not 'The Congress.' What will we call the group that will gather on December 12?" Villafuerte's answer: "Congress."

"It only becomes 'The Congress' when the House and the Senate are properly convened and called to order. The absence of the Senate would not make it 'The Congress.' Can the House of Representatives convene the Congress alone?" To this question, Rep. Villafuerte made an unbelievable answer "Yes!"

Rep. Golez said, "Are you joking? How can the House call the Senate to order?"

People's Reaction

The efforts of the minority were of no avail. When the vote was taken at 6 in the morning the resolution was approved.

Immediately the religious leaders manifested that they will conduct rallies against the calling of the Constituent Assembly.

Comment

The principle of check and balances is a good procedure to check the excesses of a democracy. Yes, there may happen a gridlock but it is better than be sorry for the unbridled excesses of a unicameral legislature. We have just witnessed a demonstration of how our Congressmen behave just because they have the numbers. It is worrisome to think how they will behave if there will be nobody to check their excesses.

The parliaments of England and the members of the Commonwealth are checked by the Queen of England. Does it mean that we will also create a Queen to check the proposed parliament?