People’s initiative needs enabling law

By March 26, 2006Inside News, News

IBP HEAD OPINES


WITHOUT an enabling law, the People’s Initiative cannot be used to amend the Constitution. This position was reiterated by lawyer Feliciano Bautista, national president of the Integrated Bar of the Philippines during a forum on Charter amendment Wednesday at the Dagupan City Museum.


He contended that while PI was specified in Article XVII of the 1987 Constitution, he said it cannot be resorted to since there is still no enabling law passed by Congress.


The exercise directs the gathering of signatures of at least 12 per cent of the total number of voters throughout the country in order to effect an amendment. He recalled that in 1997, the Supreme Court ruled that the People’s Initiative cannot be used to amend the Constitution without any enabling law that will implement it.


Saying that People’s Initiative is only one of three modes of amending the Constitution, Bautista expects the results of the People’s Initiative to be challenged in the Supreme Court.


The forum, according to Vice Mayor Alvin Fernandez, former member of the defunct Consultative Commission, was conducted to feel the sentiments of the people of Dagupan on the conduct of People’s Initiative.


For his part, Fernandez said that only by amending the charter to pave the way for a unicameral parliamentary system can the country have better leaders and future.


Dr, Salvador Duque, chancellor of the Lyceum-Northwestern University and chairman of the Regional Development Council, expressed his hesitation over the proposed amendment to the Charter, saying that “changing the Constitution is like taking the rights of the people to elect their President”.


Duque was applauded by the audience when he said: “If you are going to change the Constitution, you are taking away the right of the people to vote for their President”.


He said the present presidential system is better because the President is elected directly by the people, whereas in the parliamentary system only members of the parliament can elect the Prime Minister.


On the other hand, Mayor Benjamin Lim’ gave his support for charter amendment, saying that in changing the country’s form of government the threats of destabilization, coup attempts and mass actions could be minimized. – AQL

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