Market Study Conference for North-South Commuter Railway-Clark Extension and Calamba Extension Projects

Event | 23 July 2018
ADB headquarters, Manila, Philippines

Background

The North-South Commuter Railway (NSCR) - Clark Extension and Los Banos Extension are two mass transportation railway projects expanding the public transportation system of Metro Manila, Philippines and its surrounding regions. The projects will extend the on-going NSCR Phase 1 by 53 kilometers north and 72 kilometers south of Manila, respectively. The Philippines Department of Transportation (DOTr) will launch the tender for civil works, electro-mechanical systems, and rolling stock for both projects which are under consideration for co-financing by ADB and the Japan International Cooperation Agency.

DOTr invites prospective bidders (railway civil works contractors and electro-mechanical suppliers) to the Market Study Conference for the North-South Commuter Railway (NSCR) - Clark Extension and Los Banos Extension projects to be held on 23 July 2018 at ADB headquarters, Mandaluyong City, Philippines.

Objectives

This market sounding event aims to initiate dialogue between DOTr and private sector regarding project's scope, specifications, financing, procurement guidelines and timetable.

Participants

Railway civil works contractors, electro-mechanical suppliers, rolling stock suppliers

How to register

Kindly contact Karla Escober at kqescober.dotr@gmail.com (link sends e-mail) for project profiles, submission of inquiries and for confirmation of attendance no later than 18 July 2018.

Postponement of 2019 polls to spark outrage, Monsod warns

Postponement of next year's elections would be faced with public outrage as Filipinos don't like politicians extending their terms, one of the framers of the 1987 Constitution said Friday.

Speaker Pantaleon Alvarez earlier said elections might not be held next year to give way to discussions on charter change, given candidacies have to be filed by October.

"I wish they would do that because I think the people would be very angry. Hindi naman g*go yung mga kababayan natin. One of the things they don’t like is politicians extending their terms beyond the term for which they were voted for by the people," lawyer and 1987 Constitutional Commission member Christian Monsod told ANC's Early Edition.

"If they do that, I think they will face a very outraged voting population," he said.

Fr. Ranhilio Aquino, a member of President Rodrigo Duterte's consultative committee tasked to review the 1987 Constitution, said he is against canceling the elections next year and having the incumbents stay on a hold-over capacity.

Congress, by merely passing a law, cannot change what the Constitution states, he said.

Lawmakers then can either work hard to submit a draft to the plebiscite before 2019 or leave the matter to the next Congress, he said.

"Kung gagawin ng susunod na Kongreso 'yan, when the Congress meets after the elections, alam naman ng nahalalal na because a new Constitution will be enforced, posibleng mababawasan yung termino nila," he said.

(If the next Congress does that, then the elected lawmakers would know that because a new Constitution will be enforced, their term may be cut short.)

"That is better than extending term and cancelling elections because that will violate the Constitution of 1987," he added.

Senate President Vicente Sotto III said if the election date is being changed for the sake of extending lawmakers' terms office to afford them time to change the Charter, then "amendment to the Constitution must be made."

Presidential Spokesperson Harry Roque also said the midterm elections next year would proceed absent a change in the Constitution, as the President would only implement what is indicated in the present charter.

Zubiri: BBL almost done

Senate Majority Leader Juan Miguel “Migz” Zubiri says the Bicameral Conference Committee will put its finishing touches on the proposed Bangsamoro Basic Law (BBL) on Wednesday next week, paving the way for its historic approval by the joint panel.

“We are almost done…We’re down to 13 sections and two articles,” Zubiri told reporters Thursday in a briefing on the sidelines of the Bicam meetings on the landmark law at the House of Representatives in Quezon City.

“I’m confident that the outcome would be something that will definitely improve the lives of the Bangsamoro [people] in the region,” he said.

Zubiri hinted that the Senate and House panels involved in the Bicam would pull an all-nighter to consolidate the remaining un-tackled provisions of the chambers’ respective versions of the BBL.

The lawmakers would then take a respite beginning today (Friday) before meeting again for the potential big day on Wednesday, July 18. The Bicam meetings began last Monday.

“Uwi muna ako sa probinsya ko (I’ll go back home to my province first), I haven’t seen my family in a week,” he said, laughing.

Zubiri, who co-chairs the Bicam Committee with House Majority Leader Rodolfo Fariñas, said the secretariat has asked for two days to produce a “clean copy” of the BBL in preparation of its approval.

“We will meet again Wednesday, hopefully wala nang i-aamend pa (hopefully there’s no more need for Amendments). This is a much better proposal than what we have in the ARMM (Autonomous Region in Muslim Mindanao).”

The BBL is expected to be signed into law on the day of President Rodrigo Duterte’s third State of the Nation Address (SONA) on July 23.

The BBL is the enabling law of the 2014 Comprehensive Agreement on the Bangsamoro (CAB) between the Philippine government and secessionist group Moro Islamic Liberation Front (MILF). It seeks to establish the Bangsamoro juridical entity, which will replace the ARMM.

Big step

Among the “big steps” that the Bicam Committee took toward the approval of the proposed BBL Thursday was the consolidation of Article X on the Bangsamoro Justice System.

“We’re happy to announce that we’re already done with the Bangsamoro Justice System…this is a very contentious article because it’s the delivery of the justice system in the Bangsamoro and part of it is through the Shari’ah court system.

“But we’d like to take note that under the approved version of the article, when it comes to the cases involving Muslims and Christians, it’s very clear that it would be the ordinary court’s–municipal trial courts, regional trial courts in the area,” Zubiri said.

He added: “We’re done already on several issues on governance, on classification of public lands, waterways for navigation, penology and penitentiary, the issues on forfeiture of seats in the parliament. We’ve already tackled also the problem on settler communities.”

Zubiri said he doesn’t see extended debates on the remaining provisions. “Konti na lang ang [deadlocks], tinatapos na lang namin (There are few deadlocks, we’re just finishing up).”

The BBL was aggressively pushed by the previous Aquino administration, but its plethora of unconstitutional provisions coupled by the unfortunate January 2015 Mamasapano, Maguindanao siege doomed its passage.

Alcohol please

Zubiri also shared just how stressful the Bicam has been for the solons, especially on Wednesday when President Rodrigo Duterte had to turn down the Bangsamoro Transition Commission’s (BTC) preference for single-majority vote inclusion on some 39 barangays in North Cotabato and six towns in Lanao del Norte in the Bangsamoro region.

“Talagang stressed na stressed kami na mag walk away sila sa negotiations (We were very stressed over the possibility that they might walk away from the negotiations),” he said.

“I was stressed last night, I could’ve used a drink actually. I would’ve wanted a whisky or sake shot,” admitted the Senate leader.

He then heaved a sigh of relief when he learned from reporters that no less than Bangsamoro Transition Commission (BTC) Chairman and MILF Vice Chairman Ghazali Jaafar called the BBL draft Thursday as “acceptable” and “not watered down.”

“He (Jaafar) said that? Fantastic! What a relief. For me, that’s a relief. I’m getting emotional. I was tasked to save the gains of the CAB, which is a difficult task because as legislators, we have to balance what is right and what is constitutional.

“Sometimes what we want is not exactly constitutional.”

Senate divided on whether to postpone 2019 midterm elections

The Senate is divided on the question of canceling or postponing next year’s midterm elections to clear the way for the introduction of federalism in the Philippines.

Malacañang, however, is firm about the holding of the midterms as required by the Constitution.

“As long as the date for the elections, as provided for in our Constitution, is unchanged, President Duterte will implement this and the 2019 elections will push through,” presidential spokesperson Harry Roque said on Thursday.

Roque was referring to Section 8, Article VI of the 1987 Constitution, which states that the election of the senators and the members of the House of Representatives shall be held on the second Monday of May every three years.

Alvarez’s idea

Speaker Pantaleon Alvarez, President Duterte’s right-hand man in the House, told reporters on Wednesday that it was difficult for him to say if the midterm would be held next year, as things depended on the choice of priority: the elections or the proposed shift to federalism through constitutional amendments.

He said it might be “practical” to postpone the elections to ease the change to federalism.

Roque said the elections could be canceled only if the proposed federal Charter was ratified earlier, in which case the 1987 Constitution would no longer have legal effect.

“But while there is no new Constitution yet, the President will see to it that there will be an election,” he said.

After questioning the suggestion of Alvarez on Wednesday, citing the constitutional provision setting the date for congressional elections, Senate President Vicente Sotto III said on Thursday that it was possible to pass a law to postpone the midterms.

Sotto noted that the provision included the phrase “unless otherwise provided by law.”

‘I stand corrected’

The phrase means there is no need for constitutional amendment to postpone the elections, he said.

“A law by both houses of Congress may be able to postpone elections, so I stand corrected” Sotto told reporters after receiving the draft federal Charter.

He said, however, that there should be determination first if Congress had enough time to discuss proposed changes to the Constitution or whether it really needed to defer the elections.

But Sen. Francis Escudero said Congress had no power to postpone the elections through a simple law, as it would need an amendment of the Constitution.

“I believe you cannot legislate it because it is clear in the Constitution that the term of a congressman lasts for three years and there should be elections every three years,” Escudero said in news forum in the Senate.

Sen. Grace Poe, in a television interview, said she believed the Senate would reject the cancellation of the elections.

The people should not accept it either, Poe said.

“We cannot really have a no-election … it’s in the Constitution. Even if they amend it in the …. House, it would still need the approval of the Senate,” she said.

‘Farcical’

Sen. Risa Hontiveros also bucked moves to postpone the midterms to allow Congress to focus on amending the Constituion, describing the moves for a change to federalism as “farcical.”

Hontiveros said there were more important issues that deserved the legislators’ attention, such as the Tax Reform for Acceleration and Inclusion (TRAIN) law now being blamed for rising prices of basic goods.

“Instead of advancing narrow political interests such as prolonging terms of public office through an unnecessary postponement of elections, what Congress needs to do is protect the people’s economic rights and welfare,” she said.

The opposition in the House said on Thursday that the suggestion of Alvarez to postpone the elections showed the real motive behind the effort to amend the Constitution.

“Term extension. This is a reward for members of Congress who will support the shift (to federalism). The conflict of interest is very clear,” Magdalo Rep. Gary Alejano, who had announced plans to run for the Senate next year, said in a Twitter post.

ACT Teachers Rep. Antonio Tinio echoed this point, saying Alvarez’s remark was “useful in that it reveals the self-interested motives of the advocates of Duterte’s push for Charter change.” —WITH REPORTS FROM JULIE M. AURELIO AND VINCE F. NONATO

Bicam OKs Senate version on Bangsamoro-DOE power sharing on energy dev’t

Under the approved provision of the bicameral panel deliberating on the Bangsamoro Basic Law (BBL), the Bangsamoro government and the national government have joint powers over the exploration, development, and use of fossil fuels and uranium in the Bangsamoro territory.

Senate Majority Leader Juan Miguel Zubiri, a co-chair of the panel, said the Senate version of this provision prevailed.

“What we agreed upon is the Senate version wherein the Bangsamoro government and the Department of Energy (DOE) jointly explore and utilize these resources,” Zubiri told reporters after emerging from a two-hour deliberation on BBL at the House of Representatives.

“It’s part of natural patrimony but we have to give chance to the Bangsamoro to use and explore these resources,” he added.

The approved provision was consistent with the proposal of the Bangsamoro Transition Commission (BTC), which was earlier tasked to draft a BBL version that is in line with all agreements entered and that may be entered into by the Government of the Republic of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF).

Under Article XIII, Section 10 of Senate Bill 1717, the national government, with the DOE, and the Bangsamoro government “shall adopt a competitive and transparent process for the grant of rights, privileges, and concessions in the exploration, development and utilization of fossil fuels and uranium.”

Joint body for the zones of joint cooperation

But Zubiri said the panel is yet to reach a consensus on who would chair the joint body for the zones of joint cooperation in the Sulu Sea and the Moro Gulf.

Section 17 of Article XIII states that zones of joint cooperation in the Sulu Sea and the Moro Gulf will be created, the coordinates of which will be defined by an ad hoc joint body.

Under the BTC and the Senate versions, this joint body will be headed by the Bangsamoro minister. But under House Bill 6475, the secretary of the Department of Agriculture (DA) and the Bangsamoro minister will become co-chairs.

Zubiri said one of the panel members, Zamboanga City 1st District Rep. Celso Lobregat, wanted the Bangsamoro minister to just be a vice chair, while the DA secretary would lead the body.

This was opposed by some Autonomous Region in Muslim Mindanao (ARMM) representatives, particularly Tawi-Tawi Rep. Ruby Sahali and Maguindanao 1st District Rep. Bai Sandra Sema.

“Their issue is social justice. Concern nila, wala na sila makain dun at least bigyan man lang sila ng equal footing to make the decision jointly… Fear siguro nila pag vice chair lang ang Bangsamoro minister, hindi sila papansinin,” Zubiri explained.

The senator said they would try to agree on the entire draft by Thursday night. Clean copies of the harmonized bills will then be prepared in the coming days, which hopefully would be up for final review and ratification by Wednesday, July 18, Zubiri added. with reports from Syrah Vivien Inocencio, Intern, INQUIRER.net



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Bicam approves creation of Shari'ah High Court in Bangsamoro

Under the proposed Bangsamoro justice system, Shari'ah or Islamic law would only be applicable to Muslims. But non-Muslims may volunteer to submit to the jurisdiction of Shari'ah courts.

The bicameral conference committee on the proposed Bangsamoro Basic Law (BBL) approved the creation of the Shari'ah High Court in the new region.

Bicam chairperson and Senate Majority Leader Juan Miguel Zubiri said they already adopted Article 10, which stipulates provisions on the Bangsamoro justice system, on Thursday, July 12. (READ: How heightened emotions, stress define bicam on proposed BBL)

"We're happy to announce that we have already approved the Bangsamoro justice system.... It's a big step ha! Ilang sections ito (These include several sections). And we'd like to thank Senator [Franklin] Drilon, Senator [Aquilino] "Koko" Pimentel [III], Senator Joel Villanueva as well as the House panels who actively participated in the approval of this particular article," said Zubiri.

Shari'ah or Islamic law is the law forming part of the Islamic tradition derived from religious precepts of Islam, particularly the Qur'an and the Hadith.

Currently, the Autonomous Region in Muslim Mindanao (ARMM) – which the proposed Bangsamoro region would replace – already has Shari'ah appellate courts, district courts, and circuit courts. (READ: Bicam draft 'not a watered-down BBL,' says BTC chair Jaafar)

Section 7, Article 10 of the proposed BBL takes it a notch higher by creating the Shari'ah High Court, which shall have jurisdiction over the following:

• All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all other auxiliary writs, and processes, in aid of its appellate jurisdiction
• All actions for annulment of judgments of Shari'ah district courts

The Bangsamoro Shari'ah High Court would have exclusive appellate jurisdiction over cases handled by Shari'ah district courts in the Bangsamoro.

The document, however, also states "nothing contained [in the BBL] shall affect the original and appellate jurisdiction of the Supreme Court as provided in the constitution."

The Shari'ah High Court would be composed of 5 justices, including a presiding justice.

A person can only be a Shari'ah High Court justice if he or she is a Muslim, a natural-born Filipino at least 40 years old, and with 15 years of experience in law – with two of those years involving Shari'ah or Islamic jurisprudence.

The same requirements apply to people who wish to be Shari'ah circuit or district court judges, except for the age. Shari'ah court judges should be at least 30 years old, while district court judges should be at least 35.

If passed into law, the BBL's provisions over the Shari'ah would only apply to cases involving Muslims.

The Islamic law may also be applied to non-Muslims should they volunteer to submit to the jurisdiction of the Shari'ah courts.

Article 10 also states that traditional or tribal laws would only be applicable to disputes of indigenous peoples within the Bangsamoro.

BBL bicam approves proposed Bangsamoro justice system

The bicameral panel deliberating on the Bangsamoro Basic Law (BBL) has approved the provision on the Bangsamoro justice system, Senate Majority Leader Juan Miguel Zubiri, co-chair of the panel, said Thursday.

Zubiri said under the approved version of Article X, cases involving Muslims and Christians would be under the jurisdiction of the ordinary trial courts.

“Under the approved version of the articles, when it comes to cases involving Muslims and Christians, it is very clear it would be the ordinary trial courts of the area,” the senator told reporters in a briefing two hours after they resumed deliberations in the House of Representatives.


The Shari’ah or Islamic law, which forms part of the Islamic tradition derived from religious precepts of Islam, particularly of the Qur’an and Hadith, will only apply to cases involving Muslims, the approved provision stated.

However, it may apply to non-Muslims who voluntarily submit to the jurisdiction of the Shari’ah courts.

Meanwhile, traditional or tribal laws will be applicable to disputes of indigenous peoples within the envisioned Bangsamoro region.

“The provisions of this article shall not prejudice the rights of non-Muslims and non-indigenous peoples,” the draft reads.

Within the territorial jurisdiction of the Bangsamoro, there will be Shari’ah High Court, district courts, and circuit courts.

Section 4 of the Article also stipulates that the Bangsamoro parliament can enact laws pertaining to personal, family and property law jurisdiction only.

The parliament is likewise conferred with the power to enact laws governing commercial and civil action not provided for under Presidential Decree No. 1083, or the Code of Muslim Personal Laws of the Philippines.



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Bicam to finalize, approve BBL report on July 17

The congressional Bicameral Conference Committee finished its deliberations on the proposed Bangsamoro Basic Law (BBL) early Friday, House of Representatives Majority Leader Rodolfo Fariñas said.

“Yes, we finished everything in principle at 12:15 a.m.,” he said in a message to reporters.

“The Bicam Conference Committee authorized Senator (Juan Miguel) Zubiri and (me) to finalize our report and we will meet on Tuesday, July 17, for its approval and forthwith, forward it to the President for his consideration,” said Fariñas, who chairs the panel.

He said if President Rodrigo Duterte approves the final version of the BBL, it will be ratified in plenary by both chambers of Congress during the opening of the third regular session at 10 a.m. on July 23, and it would be signed into law by the President on or before his third State of the Nation Address at 4 p.m.

Zubiri said among the provisions adopted in the bicameral version of the BBL are the creation of a Shari’ah High Court, and the joint powers of the Bangsamoro government and national government over the exploration, development, and use of fossil fuels and uranium in the new region.

He also said the bicameral committee approved the 75-25 Bangsamoro and central government wealth sharing, but deleted the proposed anti-political dynasty provision.

Duterte, meanwhile, convinced congressional leaders to adopt the House version of the BBL, which provides that “the six municipalities of Lanao del Norte and the 39 barangays of North Cotabato could vote to join the BBL territory in a referendum to be conducted in the mother territory of the areas involved.”

2019 polls will push through: Palace

Malacañang on Thursday assured the Filipino people that the mid-term elections will push through in 2019, as scheduled.

Presidential Spokesperson Harry Roque made the assurance after President Rodrigo Roa Duterte’s political ally, House of Representatives Speaker Pantaleon Alvarez, suggested the postponement of the 2019 elections to give way to the possible shift to a federal form of government.

“Like what we have been saying, the President is implementer of the Constitution. Unless the date of election, as stated in the Constitution, has been not changed, the President will implement (it) -- the 2019 elections will push through,” Roque said in a Palace press briefing.

Roque said the only possibility that elections would not happen next year is if the proposed new Constitution is ratified ahead of it.

“In which case, the ’87 Constitution would cease to have legal effect. But while there is still no new Charter, the President will make sure that there will be an election,” he said.

Roque, however, clarified there is no reason for Alvarez to explain his proposal that drew strong opposition, particularly from government critics.

“There is no need to explain because we all knew that Congress is another independent branch of government,” he said.

Meanwhile, Roque said Malacañang remains optimistic that the new Constitution would be ratified by the people next year.

“And the President has said that if it is finally ratified by the people, then he will step down. He is hoping that both the Consultative Committee (ConCom) and Congress will adapt his suggestion, calling for a transitory provision, providing that the transition leader will be an elected post,” he said.

Roque said Duterte has enough allies to convince the majority of the senators to give priority to Charter change.

The President, he said, has asked both the Senate and the House of Representatives to put a provision that he will step down and there will be a transition leader to be elected by the people.

As requested by Duterte, the ConCom has modified the proposed transitory provisions to facilitate the election of a transitory president and vice president, who will take over the government right after a new federal Constitution is ratified.

Duterte has said he will step down once the new Constitution is ratified by the people and a transition leader is elected in 2019.

Last Monday, Duterte received the draft federal Constitution prepared by the 22-member ConCom for almost five months.

Once ratified, a federal-presidential form of government, where 18 federated regions including the Bangsamoro and Cordillera, will replace the present unitary-presidential system of government.

Roque has described the submission of the draft federal Constitution as a "significant step” toward realizing Duterte’s promise to shift to federalism.

Senators torpedo House Speaker’s no-el scenario

Senators thumbed down Speaker Pantaleon D. Alvarez’s proposal to scrap the May 2019 elections to give lawmakers time to tackle and pass an enabling law to shift to federalism, and other pending major bills including the national budget, which will compete for time with congressmen’s  campaign preparations.

“It is not that easy,” Senate President Vicente C. Sotto III told the BusinessMirror. “In order to do that, we have to amend the Constitution,” Sotto said, citing Article VI, Section 8, of the which, he noted “mandates elections on the second Monday of May every three years.”

“A special law or a simple one cannot amend the Constitution,” Sotto added.

Fielding questions at a Senate media forum on Thursday, Sen. Francis G. Escudero pointed out that “Congress cannot pass a law postponing the 2019 elections. If elections are to be postponed,” he added, “you need to amend the Constitution. It cannot be done by a simple law.”

Escudero explained that Congress has no power to amend the Constitution to defer scheduled elections mandated by the 1987 Charter. “That cannot be legislated because the Constitution specified the terms of elected officials. It is not like the provision for the barangay elections which says ‘unless specified’ by law.”

He did not rule out the option Congress leaders may agree to convene the Senate and the House as a constituent assembly to amend the Constitution, but acknowledged this would trigger speculations the lawmakers will be open to charges passing such legislation to promote their self-interests.

“I think Congress will be divided on this proposal to postpone elections,” Sen. Juan Edgardo M. Angara told the BusinessMirror.

Angara asserted that the Speaker’s scheme will “also require a constitutional amendment which usually cannot be done quickly, so that raises the issue of whether there is enough time to pursue the amendment.”

For his part, Sen. Emmanuel  Joel J. Villanueva recalled that since he became a member of Congress, “we never contemplated canceling the elections because of the budget or the passage of other bills.”

Villanueva added: “Election is the pillar of democracy. Filipinos exercise their right to select their leaders. I cannot think of any good reason why we should prevent the Filipinos from exercising the right to vote.”

Sen. Joseph Victor G. Ejercito, who is eyeing to be reelected for another six-year term in the 2019 polls,  also shot down the Speaker’s no-election (no-el) proposal. “Though I stand to benefit from the no-election proposal being a reelectionist, elections are referendum of public officials. People look forward to electing their leaders.”

Ejercito added it would be “very hard to justify postponment.”

This even as Ejercito admitted that running in a national elections is “very tedious and exhausting, not to mention very expensive. But it will be very hard to explain to the people why elections will not be held next year.”

Sen. Gregorio B. Honasan said its proponents should first make clear “what is the ultimate long-term objective” of a no-election scenario in 2019.

Honasan added there are “variables to consider in deciding a no-election option or go ahead with the 2019 midterm election, including financial, economic and political costs, and a productive timeline for the Senate and the House to address the national agenda.

Sen. Risa Hontiveros   also questioned the Duterte government’s priorities.

“I hope that we legislators will straighten our priorities,” Hontiveros said, adding: “What needs to be canceled is not the midterm elections but the implementation of the TRAIN law,” the Duterte administration’s tax reform measure imposing higher taxes to raise more revenues.

The senator suggested that “instead of advancing narrow political interests, such as prolonging terms of public office through an unnecessary postponement of elections, what Congress needs to do it protect the people’s economic rights.”

Moreover, Hontiveros asserted that postponing the elections to give way to tackling federalism is “a great disservice” to the proposed new system of governance. “Is this what the President’s federalism was all about all along? Pwede bang mamamayan muna bago ambisyon? [I think the electorate’s intrest should precede political ambisions],” she said.

Sen. Francis N. Pangilinan, in a text message to the BusinessMirror, confirmed he was not supporting Alvarez’s proposal to cancel the May 2019 elections.

“No, I do not. The no-election and term extension proposal benefits politicians rather than the ordinary citizens,” Pangilinan said. “Any change in the Charter should redound to the benefit not of politicians but of the common folk; otherwise it will not have the support of the people.”

“First of all, I don’t know where Congressman Alvarez is getting his facts,” said Sen. Grace Poe when asked to comment on the no election scenario under a proposed new Constitution.

Poe pointed out that”the Constitution specifically states when we are going to have elections, and 2019 is certainly an election year…you can probably amend the Constitution, but even if you do, you need the Senate vote.”

She added this raises the issue on whether the Senate and the House, convening as a constituent  assembly to amend the Constitution, will be “voting separately or jointly” on the Charter amendments.

“There are many issues involved, but it will still have to go through the process of going through the Supreme Court if it needs to be resolved,” Poe said. “But let me also remind the public that first of all, for very simple issues or laws, you have to vote separately.”

The senator cited, for instance, that Congress when renaming streets or schools vote separately.

“Something as crucial as this [Charter change], you’re voting jointly? I don’t think that was the intention of the framers, and time and again,” she said, recalling that the controversial provision was originally intended for a unicameral system.

Poe ruled out a no-election scenario, saying “the public should not accept it.”

“As Senate President Sotto said, the no-election option cannot be carried out because the Constitution mandates it. So, even if the House agrees and resets the election date, it would still need to be approved by the Senate….but as I see it, we do not want to railroad these issues. It gives a bad impression also about our country. What are we trying to do?”

At the same time, Poe played down reported claims by Alvarez that the House can make amendments by itself. “The Speaker says a lot of things, [they are] not necessarily true. Remember he is not the voice of the entire Congress. There’s the Senate that he has to deal with and our Senate President already said that is not possible.”

Misplaced

The assertion of Alvarez to cancel the 2019 elections to give time to lawmakers on the draft federal constitution and for an easier transition to a federal government is “off tangent and misplaced,” Akbayan Rep. Tom S. Villarin said, citing survey results showing the majority of Filipinos are unaware of federalism, and that the administration should instead focus on the issues affecting the country and the needs of the people.

“Speaker Alvarez blunt proposal that ‘no elections’ should be a condition for the draft federal constitution to prosper is off tangent and misplaced,” said Villarin.

“This assertion by Speaker Alvarez shows how detached is the Duterte administration to the real needs of our people. Right now, people’s priorities for the government to do is to control inflation, increase wages, generate jobs, reduce poverty, fight graft and corruption, and stand up to China,” he added.

First president

Rep. Edcel C. Lagman of Albay, for his part, denounced the creation of a Federal Transition Commission in the draft federal constitution as it allows President Duterte to be the first federal president.

“The creation of a Federal Transition Commission is a devious innovation by Duterte’s Consultative Committee to assure the transition of President Duterte as the first  federal  president since he is not prohibited from running in the first elections set on the 2nd Monday of May 2022,” the lawmaker said.

According to Lagman, this is a “veritable red flag” because unlike in the 1935, 1973 and 1987 Constitutions, where the transitory provisions were self-implementing and the mode of transition categorically spelled out, the proposed federal constitution empowers Duterte to chair a transition commission whose members are appointed by him.

With Kezhia Maglasang

Sotto: ‘We can pass a law postponing’ polls

Senate President Tito Sotto says ‘no-elections’ in 2019 possible

By Camille A. Aguinaldo
and Arjay L. Balinbin, Reporters

SENATE PRESIDENT Vicente C. Sotto III said on Thursday a law may be passed postponing the 2019 elections “if it was indeed necessary” to allow Congress more time to tackle amendments to the 1987 Constitution.Malacañang on the other hand assured the 2019 midterm elections will proceed as scheduled.

Mr. Sotto said in his press briefing on Thursday: “If we want (charter change) to be done quickly, maybe (postponing the midterm elections) is needed. We will have to see how it goes…. This is my opinion, this is not written in stone. If we call for a constituent assembly, we will need to pass a joint resolution calling for one, then we can decide if we can finish it by December or not and postpone elections. Then we can pass a law postponing elections.”

The Consultative Committee (ConCom) on Thursday turned over its proposed federal constitution to the Senate. The Senate leader added: “Perhaps Speaker (Pantaleon D. Alvarez) is thinking (of) postpon(ing) (the elections) first then we can discuss (charter change). For me, I’m saying let’s try to discuss if we can finish before the elections.”

Mr. Sotto earlier said the 1987 Constitution would have to be amended to allow a “no-election scenario” in 2019. Thereafter, he said Congress may pass legislation to postpone the polls.

According to Article 4, Section 8 of the 1987 Constitution, “unless otherwise provided by law, the regular election of the Senators and the Members of the House of Representatives shall be held on the second Monday of May.”

The Senate leader also said charter change is now a priority of the Senate when it resumes session on July 23, on top of deliberations on next year’s national budget ahead of the election campaign also next year.

“We will have to make time. The way I’m hearing from the Consultative Committee and the President, this is indeed a priority so we will have to take it up,” Mr. Sotto said.

Mr. Alvarez on Wednesday raised the possibility of postponing the 2019 midterm elections so the House of Representatives could focus on charter change, citing the expected lack of quorum in the plenary ahead of the election campaign period.

When sought for comment, Senate President and ConCom member Aquilino Q. Pimentel, Jr. said opposed the “no-election scenario” in 2019.

“I don’t like it. They’re using charter change as a reason to postpone elections. As a matter of fact, President Duterte does not want to give the people the impression that he’s using federalism to extend his term. He doesn’t like that,” Mr. Pimentel told reporters.

Several senators also rejected the suggestion to postpone the midterm elections.

Senator Grace Poe-Llamazanres said the public would not accept “any move to shortcut” the shift to federalism.“The Constitution specifically states when we are going to have the elections and 2019 is certainly an election year. You can probably amend the Constitution but even if you do, you need the Senate vote,” the senator said in a television interview.

Senator Francis G. Escudero said Charter change would need a longer time to be tackled the same way Congress worked on the proposed Bangsamoro Basic Law (BBL) and the tax reform law.

“So if the organic law in Muslim Mindanao and the overhaul of the National Internal Revenue Code took that long, I think we should allot the necessary time for the Constitution because all laws came from the Constitution,” he said at the Kapihan sa Senado media forum.

Senator Risa Hontiveros-Baraquel called the plan “farcical,” saying that postponing elections seemed like the President’s federalism advocacy turned out to be term extensions for his political allies.

“Instead of advancing narrow political interests, such as prolonging terms of public office through an unnecessary postponement of elections, what Congress needs to do is protect the people’s economic rights and welfare,” she said in statement. For his part, Presidential Spokesperson Harry L. Roque, Jr. said at the Palace on Thursday, “Gaya ng paulit-ulit na nating sinabi, ang Presidente po ang tagapagpatupad ng ating Saligang Batas. Hanggang hindi po mababago ang petsa ng halalan na nakasaad sa ating Saligang Batas, ipatutupad po ’yan ng Presidente. Matutuloy po ang eleksiyon ng 2019.”

(Like what we have repeatedly said, the President is the chief implementer of the Constitution. The President will abide by the holding of the elections as scheduled by in the law, unless it is amended. The 2019 elections will proceed as scheduled.)

He said the only possibility there will be no elections in 2019 is if the proposed new charter will be ratified earlier by the people. “And the President has said that if it is finally ratified by the people, then he will step down. And he is hoping that both the Consultative Committee and Congress will adapt his suggestion calling for a transitory provision providing that the transition leader will be an elected (official),” Mr. Roque said.

“In which case, the ’87 Constitution would cease to have legal effect, pero habang wala pa pong bagong Saligang Batas sisiguraduhin po ng Presidente magkaka-eleksiyon (but while there is no new constitution, the President will make sure that there will be elections),” he said.

Senate President Tito Sotto says ‘no-elections’ in 2019 possible

A no-election (“no-el”) scenario in May 2019 is possible under the present Constitution as suggested by Speaker Pantaleon Alvarez in order to facilitate the administration’s effort to change the form of government from unitary to federal, Senate President Vicente Sotto III said yesterday.

Sotto, who earlier said an amendment of the 1987 Constitution would be necessary to postpone the 2019 midterm elections, told members of the consultative committee (Concom) tasked to draft the federal charter that Congress could just pass a law for this purpose.

He cited Article VI Section 8 of the Constitution, which states that “unless otherwise provided by law, the regular election of senators and the members of the House of Representatives shall be held on the second Monday of May.”

“Therefore, we do not need a plebiscite to postpone the elections. By law, both houses of Congress shall be able to postpone the elections,” Sotto said after he was presented a copy of the draft federal
 constitution by the Concom.

Just the other day, Alvarez said the 2019 midterm elections may have to be canceled if the intention is to get the amendments to the Constitution done at the soonest possible time.

Alvarez noted how Congress would be tied up in its work immediately after President Duterte delivers his third State of the Nation Address on July 23 because they would have to start its deliberations on the proposed P3.757-trillion national budget for 2019.

By October, the legislators who will run for re-election will have to file their certificates of candidacy and in February next year, start their respective campaigns.

Sotto noted that Duterte has expressed his desire for Congress to prioritize the shift to federalism during the meeting with legislators at Malacañang the other day.

He said the President did not directly tell them to fast-track the process, but said that if it were possible, they should work on it already so that he could step down from office.

Sotto, however, said Congress would first have to agree to convene as a constituent assembly to discuss the proposed amendments to the Constitution before they can even talk about a “no-el” scenario.

“If we call for a constituent assembly, this is my opinion, this is not written in stone, if we did pass a joint resolution calling for one, then we can decide if we can finish it by December or not and postpone elections. Then, we can pass a law postponing the elections,” Sotto said.

“We will have to make time. The way I am hearing it from the (Concom) and the President, this is indeed a priority,” he added.

Sotto said he would call for an all-senator caucus before July 23 to discuss these issues.

Getting the senators to agree to convene as a constituent assembly and to cancel the elections is another thing altogether.

Sen. Grace Poe rejected the no-election scenario, saying “the public should not accept this.”

Poe said there is no need to rush the amendments to the Constitution, especially at this time when the midterm elections are just around the corner.

“We are reasonable here but I believe we don’t want to railroad this issue. It gives a bad impression about our country. What are we trying to do?” Poe said.

Sen. Francis Escudero challenged the interpretation of Sotto on Article VI Section 8 of the Constitution, which he said only pertains to the date of elections, which could be moved through legislation.

The elections, however, cannot be canceled because Article VI also contains separate provisions about the terms of senators and members of the House of Representatives and the exact month after the elections that they would assume office, according to Escudero.

The senator also noted that it is only for the barangay officials that the Constitution specifically allows Congress to set their term of office.

Like Poe, Escudero said the proposed amendments to the Constitution should not be rushed because of its importance as the fundamental law of the land.

While he personally agrees that amendments to the 31-year-old Constitution are worth studying, Escudero said he does not see any valid reason why the process should be rushed.

He also aired his doubts about the proponents of the cancelation of the elections and the extension of the terms of the elected officials getting the required number of votes from the Senate to support this.

Sen. Joseph Victor Ejercito, who is eligible for re-election next year, said he does not support the cancelation of the elections even if this would result in an extension of his term.

“Though I stand to benefit from the no-election proposal being a re-electionist, elections are a referendum of public officials. People look forward to electing their leaders. It will be very hard to justify postponement,” Ejercito said.

“Running in a national election is very tedious, exhausting and, not to mention, very expensive. Who wouldn’t want a freebie for a term extension? But it will be hard to explain to the people why elections will not be held next year,” he added.

Stand back

Malacañang yesterday distanced itself from Alvarez’s proposal to cancel the 2019 midterm polls to enable lawmakers to discuss proposals to amend the Constitution.

Presidential spokesman Harry Roque said next year’s election would push through as long as the 1987 Constitution remains in effect.

“None. As we have repeatedly said, the President implements our Constitution. Unless the date of the election stated in our Constitution is changed, the election in 2019 would push through,” Roque said at a press briefing when asked whether Alvarez’s proposal had the blessing of Malacañang.

“The only possibility (that the elections will not push through) is if the proposed new constitution is ratified earlier than expected, in which case the 1987 Constitution would cease to have legal effect. But while there is no new constitution, the President will ensure that there will be an election,” he added.

Roque said Alvarez does not need to explain his proposal to Malacañang because Congress is an independent branch of government.

“And the lawmakers are also aware that the President has the obligation to implement the Constitution and other laws,” the spokesman said.

Alvarez, an ally of Duterte, has said canceling the midterm elections would allow Congress to focus on bills to amend the Constitution.

If the 2019 elections push through, Alvarez said Congress may not be able to muster a quorum for the Charter change (Cha-cha) deliberations because lawmakers would be busy campaigning.

Palace upbeat on new charter

Malacañang remains optimistic that a new constitution would be ratified next year even if some senators said Cha-cha is not a priority of the chamber.

“The President has said if it is finally ratified by the people then he will step down. And he is hoping that both the consultative committee and Congress will adapt his suggestion calling for a transitory provision, providing that the transition leader will be elected,” Roque said.

The Chief Executive, according to Roque, has enough allies in the Senate who can convince their colleagues to prioritize the discussions on constitutional amendments.

“I think we have a very good working relationship with many of our senators,” he said.

Roque said Duterte has not asked senators to fast-track the passage of bills seeking to establish a federal government.

“Anyway, the SONA (state of the nation address) will be there. So, the SONA will be the proper venue for him to lay out his legislative priority, and I’m sure it will include Charter change,” he added.

Comelec unfazed

Meanwhile, the Commission on Elections (Comelec) is unfazed over efforts to postpone the 2019 midterm polls, saying its mandate is to prepare for the exercise.

Comelec spokesman James Jimenez noted in an interview that they want to focus more on the preparations, especially since next year’s elections are less than a year away.

“The commission remains focused on the task at hand, which is to prepare for the May 2019 national and local elections,” he maintained following Alvarez’s pronouncement.

Jimenez’s statement was echoed by National Movement for Free Elections (Namfrel) secretary-general Eric Alvia, who underscored the need to hold elections regularly as part of the democratic process.

 “We should adhere to periodic and genuine elections,” Alvia said.

Workers oppose ‘no-el’
Workers yesterday strongly opposed plans to postpone the 2019 midterm elections, which they claimed could lead to chaos and anarchy.

Members of the Federation of Free Workers (FFW) further claimed that the postponement of elections is tantamount to defiance of the Constitution.

“The proposal… is an invitation to chaos and anarchy in the streets, as it is dangerous and has no legal basis,” the FFW said in a statement.

“With due respect,  the proposal… is an alteration of the Constitution without authorization, by amendment or revision,” it noted.

FFW stressed that the Constitution is the supreme law and all public officials, no matter how high their offices are, must bow to and not defy its mandate.

The labor group expressed its preference for constitutional convention in amending the 1987 Constitution.

The group Bagong Alyansang Makabayan (Bayan) yesterday also hit Alvarez’s proposal, saying it will be rejected by the people.

“Speaker Alvarez has provided the best argument to oppose Cha-cha. We will fight against term extensions and the lifting of term limits,” Bayan secretary-general Renato Reyes said, adding Cha-cha efforts are being used as basis for a coup by those wishing to stay in power indefinitely.

“We cannot allow such efforts to succeed. The public is encouraged to join the nationwide actions against Charter change on the day of President Duterte’s State of the Nation Address,” he added. – With Alexis Romero, Sheila Crisostomo, Mayen Jaymalin, Rhodina Villanueva

Tagum City choir to sing during 2018 Sona

THE Tagum City choir will sing the Philippine National Anthem in the upcoming State of the Nation Address (Sona) of President Rodrigo Duterte on July 23.

This was announced by House Secretary General Cesar Strait Pareja during a press conference at the House of Representatives on Thursday, July 12.

Pareja said the suggestion to have the Tagum choir sing the national anthem came from House Speaker Pantaleon Alvarez who is from Tagum.

"It was a suggestion and we discussed and it's okay so they were invited," he said.

"It was a suggestion from the Speaker to depart from the usual, Maybe to showcase the talent from his district," he added.

During the press conference, Pareja said that Congress is now ready for the Sona.

"We are now ready for the most anticipated annual event of the Congress, the Sona and the opening of the third regular session," he said.

According to retired Lt. Gen. Roland Detabali, there will be a lockdown at the House of Representatives three days before the Sona just like last year.

This means that only those who have business inside the premises will be allowed to enter.

Detabali said more agencies will contribute to this year's Sona in preparation for any emergencies.

"We have more agencies, forces and equipment that can deal with any emergencies," said Detabali.

"Nandun pa rin mga x-ray machines, K9 not only coming from Congress but also from different agencies," he added.

Detabali said that although they do not see incidents related to terrorism and sabotage occurring, they are prepared should any of these happen.

Detabali said they have also recommended to the Presidential escort units to advise the President not to leave the Batasang Pambansa.

Last year, Duterte left the premises and faced the protesters minutes after he finished delivering his speech.

On why they advised the Chief executive to remain inside the Batasan he said: "Baka natuto na sila kasi last year biglaan yun e. We were not prepared but this year baka maisip nila na pwedeng gawin ni Presidente, kahit madisgrasya siguro yung ibang kasama nila e they can do it."

Detabali said Duterte might invite the leftist leaders inside the Batasan. (SunStar Philippines)

Pulong idinaos para paghandaan ang 2018 SONA

Natapos na ang inter-agency meeting para sa State of the Nation Address (SONA) 2018.

Dinaluhan ito ng mga kinatawan mula sa Malacañang, Philippine National Police (PNP), Senado, at Kamara.

Ayon kay House Secretary Atty. Cesar Pareja, pinaghahandaan nila ang worst scenario pero umaasa sila na magiging maayos ang lahat.

Aawitin ng Tagum city choir ang "Lupang Hinirang" base na rin sa rekomendasyon ni House speaker Pantaleon Alvarez.

Nagsimula na ring magpamigay ng imbitasyon, kabilang ang kay Vice President Leni Robredo.

Inihahanda na rin ang holding room ni Robredo sakaling dumalo siya.

Nasa 3,000 ang inaasahang bisita sa SONA kung saan pinakikiusapan sila na magsuot ng simpleng damit.

Tatlumpung minuto bago ang SONA ay isasara na ang plenaryo ng Kamara.

Apat na caterer ang naimbitahan para sa food tasting.

Pinaghahandaan na rin ng House security ang gagawin sakaling lumabas ulit ng Batasan Pambansa ang pangulo matapos ang kaniyang SONA para makipag-usap sa mga demonstrador.

Nag-ocular inspection na rin sa Kamara nitong Huwebes ang director ng SONA na si Joyce Bernal.

Gusto ni Pangulong Rodrigo Duterte na maging makabayan o patriotic ang SONA ngayong taon. -- Ulat ni Robert Mano, ABS-CBN News