Resolution 1109 and People Power

Father Joaquin Bernas agreed with the position taken by New Philippine Revolution that only People Power can reverse the action taken by the House of Representatives on Resolution 1109(Thea Alberto, " Charter Change could spark People Power" at http://newsinfo.inquirer.net/breakingnews/nation/view/20090604-208825/Charter-change-could-spark-People-Power).

Now, I don't agree with the position taken by some bloggers that there is nothing to worry about here, since Congress has not constituted itself as an Assembly. That position is faulty and worrisome because it assumes the position of Malacanang itself. Probably, they have'nt realized the gravity of the action of the Lower House.

By intentionally leaving out the Senate in the deliberations, and passage of Resolution 1109, that provocative act by the Lower House was meant as a challenge to the Senate for a showdown of force. Actually, the Lower House already succeeded in proving the irrelevance of the Senate. By arrogating full legislative powers, the Lower House just showed how the Legislature can still function by just one House.

Without any proof that democratic processes have been impaired by the exclusion of the Senate in legislative procedure, there is nothing to prevent the Lower House from moving decisively forward, since they have shown in concrete terms, that they have the numbers, and the muscle, to force such an issue.

That said, the message that the architects of Resolution 1109 is simple---it has shown the irrelevance of the Senate. The Rasputins of the Lower House even used a mere Resolution to spite the Senate. Yes, it is unconstitutional. Yes, it is immoral and patently illegal. Yet, the issue here is not about legalities or immorality, no.

This is actually an ideological or polemical war meant to justify the eventual shift from a bicameral to a unicameral form of legislature. The architects of this Resolution are trying to show the relevance of unicameralism, that one House can pass such a monumental piece of legislation by using a mere resolution.

Now, on the issue of transmittal. Senate president Juan Ponce Enrile is confident that nothing will come about this Resolution since the Lower House will eventually transmit the same to them.

Is'nt it patently clear that the Lower House is not going to do that? Since it has succeeded in the first time, why would the Lower House go the "constitutional route" when they already accomplished what they intended through the extra-constitutional route?

The Lower House already committed a heinous crime by intentionally leaving the Senate out of the process and formalizing it through a viva voce vote. All of them are liable for the crime of treason. They all know that. Now, why the rush and the brazen show of force?

These Congressmen are banking on the support of Malacanang. The 20 million pesos "bribe money" coursed thru the PDAF is just for starters. What they eventually want is for the parliamentary elections to push thru since this will give a new lease of life to third termers and give in to the plan of Malacanang for Gloria Forever.

A patently illegal move by the Lower House justifies the use of an extra-constitutional action. Why? Because that's the only recourse left for the Senate to justify its relevance in a "bicameral" form of legislature. The Senate must show its strength by marshalling its national constituency. There is no other means to counter the action taken by the Lower House.

People power is our last resort since this will show the way for the Lower House to rectify itself and do self-censure. If they don't see the numbers in the streets, they would proceed with their dastardly plan of changing the form of government.

On the legality of Resolution 1109

For all intents and purposes, Resolution 1109 is legal, except that the wordings of the bill itself is patently illegal. The Lower House has the power to deliberate and pass a Resolution. Yet, that Resolution is half-baked. It should pass to the Senate to be able to achieve full legality.

Now, what if the Lower House decides not to transmit this resolution to the Senate? What if they succeed in their provocation and constitute themselves

The Legal Option

This is my suggestion---prevent every member of the Lower House to physically attend a special session to be announced later by Speaker Nograles. Groups should do whatever means necessary to prevent Congressmen from attending this session.

A Call to Arms

Last night's session of the Lower House is more of a challenge for relevance rather than a provocative act to resolve what they think is a justiciable matter. The Lower House arrogated full legislative powers to spite the Senate and provoke it to show its relevance in the scheme of things. This is now, a power struggle, between a House composed of feudal lords with concrete constituencies with that of a House that has a conceptual national constituency.

Hence, this should not provoke another action that would involve the Supreme Court. No. Oppositors of this move should never involve the Supreme Court since this will be playing in the hands of those who planned this in the first place. If they file a case before the Court, that would complete the dastardly plan of these devils in barongs, infecting the High Tribunal and dragging it into the controversy.

If the High Tribunal is dragged, that would leave only the executive branch as a true power, and justifies more actions that aim to consolidate the full powers of the State into one institution.

It is critical for those who love democracy to meet this challenge by NOT RESORTING TO A LEGAL REMEDY. The Lower House challenged the Senate to prove its relevance by using an extra-constitutional route. Let the Senate do the same by marshalling the forces of change and seek remedy through a show of People Power.

Let me elucidate further

New AKBAYAN partylist Rep. Walden Bello is right. The passage of Resolution 1109 weakened the fine balance among the democratic institutions of governance in our country. By provoking what Rep. Luis Villafuerte called a constitutional question, the effects of it is worse than the intention. Why do I say that?

Because we now face a constitutional anomaly. And it is ill-timed and ill-advised to say the least.

At a time when we need political stability to insulate us from the ill-effects of a global recession, here we face these rampaging devils in barongs, creating a constitutional scandal, worst than those sex tapes of an infamous doctor maniac. These power-hungry cursed sonafabitches created a fine diversion for us to forget the damning graft scandals and led us to an uncertain future.

And did, they, even, succeeded in creating a justiciable issue? No. For a justiciable issue to occur, it must be very clear that the court can actually take jurisdictional cognizance of the same. If the court feels that it cannot offer such cognizance, then, it cannot be a justiciable matter.

The infirmities of Resolution 1109 are procedural and substantive, therefore, outside the scope of judicial determination. For example, the question of voting can actually be resolved by the Legislature themselves, seeing that the wording of the Constitutional provision on amendments and revisions is not infirm but firm in its spirit that the House votes separately, not jointly, and that this 3/4 vote is actually not joint, but separate voting. The letter of the Law is clear. And when the Law is clear, there should be no other construction than what the intent of the framers of that Law is.

What these devils did was create a controversy as a diversion, a bogey, so to speak, to allow their true intention to surface.

They're justifying their action by saying that all they did was to initiate debate and give the Court an opportunity to clarify what they think is a
fussy judicial issue.

There is no debate because the intent of the framers of the Constitution is very clear---no proposals for amendments nor revisions are to be entertained without the participation of the Senate.

What the Lower House did was a dictatorial move, a coup so to speak, that allowed them to arrogate full legislative powers for themselves. It is the first phase for a full shift into a parliamentary form of government. IN one fell swoop, they succeeded in diluting the substantiveness of the bicameral paradigm of governance and rendered the Senate as a useless, albeit, toothless tiger.

Last night's session was more of an exercise to resolve an itchy theoretical question, and that is, what would happen should one House arrogates full legislative powers inspite of the Senate? In a scenario like this, the Senate should exercise a realistic showing of its strength. And what is that?

The Senate should spearhead a movement that would force the Lower House to self-censure. It is not advisable that the Senate resort to filing a case before the Supreme Court. No.

This matter can be resolved by the Legislature itself. Senators and all those who love democracy should not fall into the trap set by the Lower House.

The Senate should show the world of its relevance as an institution by marshalling all the anti-charter change forces under its tutelage. It is now a question of who holds true power---those legislators with specific and concrete constituencies or those with a theoretical national constituency.

If the Senate fails to show power and strength, the Lower House will definitely proceed, opening the Charter and literally roughshodding everything.

That's why, this is a struggle for the preservation of democracy, of the things we so love and cherish and of the things we hold dear.

This is a fight, a challenge put forth by the demons of this regime against all those who love the Motherland. This is a time when we must, prove to all that we do have the strength to establish a society of Truth, Justice and Peace.

This is a veritable call to arms for those who love democracy.

Crush evil wherever and whenever necessary. It is our responsibility as Filipinos to stand up and face this monster with oure eyes open and our hands clenched.

The Filipino People is being challenged. Meet this challenge with bravery and fortitude of Spirit.

And call on the thousands of New Patriots and arm them with the Spirit of the Revolution.

Let these Patriots rise and defend the Motherland from these demonic rapists.

I also call on my colleagues over at the Open Democracy Foundation. Help us. Help the Filipino People. Let us marshall our forces and defeat these counter-democratic forces that threaten the very lives and futures of every Filipino.