‘Let people decide on Con-Con’ – Malaya 12.12.2006

BY DENNIS GADIL

A CONSTITUTIONAL expert and a former elections chairman yesterday proposed that a referendum on the holding of a Constitutional Convention (Con-Con) be held to coincide with the May 14 elections or with the barangay polls in October 2007.

"If you can’t decide, go ask the people," Fr. Joaquin Bernas, an expert on the Constitution, told senators in a hearing on House resolution passed in 2005 calling for charter change.

Bernas said while there are provisions that should be revisited in the Constitution, there was no "urgency" to effect changes. "I have some changes in mind, but they can wait," he said.

He also said changes to the Constitution should be done in "a calm manner and not in a period of turmoil."

Christian Monsod, former chairman of the Commission on Elections (Comelec), said the referendum could also be done during the barangay elections.

"We must be able to demonstrate that the electoral system is credible again. The people must be convinced that the electoral system is trustworthy. Let’s see if the people can begin again to trust the Comelec," Monsod said, adding the test case is the May 2007 elections.

He said charter change "should not be rushed."

He said there is a need to revamp the Comelec but it should not affect officials who were not involved in the alleged rigging of the May 2004 elections.

He also described efforts of the House of Representatives to amend the charter by its lonesome as a "waste of people’s money."

"Diagnosis is wrong, solution is wrong," he said.

Retired Supreme Court justice Vicente Mendoza said there might be no need for a referendum.

"The 2007 elections could serve as the referendum," Mendoza said.

He said candidates could campaign on the platform of charter change via Con-Con.

"If they win, it could only mean that the people support Con-Con," he said.

Former Cebu Gov. Pablo Garcia, invited as resource speaker, objected to a referendum, saying senators and congressmen are already the representatives and the voice of the people.

Sen. Juan Ponce Enrile agreed.

"The people voted us as their voice. (So) let us not skirt on our responsibility," he said.

He said there was no need for a referendum because the Senate, as the voice of the people, could readily determine if changes are needed or not.

Sen. Richard Gordon, chair of the Senate committee on constitutional amendments which called for the hearing, said it is still important to hear the voice of the people.

He said Congress could not decide alone on Con-Con because of the "poisoned" atmosphere.

Sen. Edgardo Angara said the referendum should also ask if the voters also approve of a Con-Ass.

The hearing was called by Gordon in the course of his committee’s deliberation on the House resolution calling for a Con-Ass.

Gordon’s panel considers the resolution a "live" proposal despite ano-ther House resolution passed last week which calls a Con-Ass without the participation of the Senate.