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[October 28, 2008]

Charter change -
a function of both Houses of Congress
 

    The persistence shown by the proponents of the view that the House of Representatives, even without the participation of the Senate, may propose amendments to, or revision of, the 1987 Constitution by a vote of at least three-fourths of the total membership of Congress is indicative of a grand conspiracy to effect a charter change that would ensure continuance in power of the present Administration beyond 2010. Recently, a self-proclaimed expert in constitutional law suggested recourse to the judiciary as the only way to settle the controversy relative to the manner of determining the requisite vote on any proposal to amend or revise the Constitution. Considering the propensity of the Highest Court of the land to "legislate from the bench and to rewrite the constitution at will", many perceive this move as part of the scheme to effect the desired change with judicial imprimatur.

    On the matter of amending the Constitution, there is a significant difference between the 1935 and the latest Constitution of the Philippines.
Section 1, Article XV of the 1935 Constitution reads as follows:

    Scrutinizing the above provisions, one could clearly see that, while the 1935 Constitution requires Congress to sit in joint session in exercising its constituent power, the present Constitution does not. Congress being a bicameral body composed of the Senate and the House of Representatives, any proposal to amend or revise the 1987 Constitution may emanate from either House in the form of a resolution, which undergoes the same process as in The passage of a bill, except that approval thereof requires the vote of at least three-fourths of all its Members. The proposal is then sent to the other House for its own consideration, following the same process.

    Clearly, the use of the phrase "voting separately" is imperative under the 1935 Constitution because Congress, in proposing amendments thereto, is required to sit in joint session, but it would be a superfluity under the present Constitution because such proposal may emanate from either House upon the initiative of any Member thereof.

    It is significant to note, in this regard, that whenever the Constitution requires Congress to hold a joint session in exercising a specific power, it invariably provides the manner by which the voting is held. For instance, under Section 23[1], Article VI of the 1987 Constitution, "The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war." And, in relation to the proclamation of martial law or suspension of the privilege of the writ of habeas corpus, it is provided, among others, that "The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President" (Sec. 18, Article VII).

    The absence of the phrases "in joint session assembled" and "voting separately" in Section 1, Article XVII of the 1987 Constitution implies that Congress may exercise its constituent power following the normal procedure of discharging its function as a legislative body, i.e. both Houses sitting and voting separately.

    The power to amend the constitution is vested in Congress, not in either House thereof. Hence, not even a unanimous vote of all the Members of the House of Representatives would be enough to propose an amendment to, or revision of, the 1987 Constitution. The concurrence of the Senate, by a vote of three-fourths of all its Members, is required in order to consider such proposal as an act of Congress.

    Needless to say, Section 140 of the Rules of the House, which provides that "proposal to amend the Constitution shall be by resolution which may be filed at any time by any Member" and "the adoption of the resolutions proposing amendments to, or revision of, the Constitution, shall follow the procedure for the enactment of bills", far from being in violation of Section 1, Article XVII of the 1987 Constitution, as contended by Congressman Adam Relson Jala in his petition for certiorari, prohibition and/or mandamus filed with the Supreme Court, is fully in accord with the letter and spirit of said provision.

ARTEMIO G. TUQUERO*
Dean
MLQU School of Law
 

* Formerly
Chief State Prosecutor
Undersecretary of Justice
Dean, UE College of Law
Associate Justice, Court of Appeals
Secretary of Justice
 

[October 17, 2008]

School of Engineering
Free hands-on training
 

Press Release
The MLQ University School of Engineering, in celebration of its 54th year of service in Engineering Teaching successfully undertook a unique outreach program of providing a free hands – on training on welding, plumbing and building wiring to fifteen (15) out of school youths in the community of Barangay 393 chaired by Ms. Rose Ruz and Barangay 385 chaired by Mr. Danilo Aquino. The hands – on training with prior lectures was handled by two faculty members of School of Engineering namely Engr. Venancio Aznar, RME and Engr. Florigo Varona, PEE: Eleven (11) participants successfully completed the hands on course namely Abides, Marlon A., Cawit, Bernardo B.; Campingco, Rainer D.; Garcia, Ernesto P.; Godicargaliver, Olivar S.; Hugo, Jovie A.; Igus 11, Serafin G.; Lumacad, Marjun C.; Mangubat, Joven, D.; Santos, Camilo A.; and Zabala, Roberto B. According to Dean Rogelio M. Avenido of School of Engineering it is expected that the two day intensive hands on training of these participants have equipped them with some knowledge sufficient to start in construction and/or fabrication works.

Electrical

Welding

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[October 17, 2008]

School of Engineering
Department of Electrical Engineering
 

PRESS RELEASE (09.10.08)
The MLQ University School of Engineering, Department of Electrical Engineering thru its Department Head Engr. Florigo C. Varona announce the installation and operation of an on – line MPR63 data logger and network analyzer for use in the training of engineering students to establish load profiles required in Wholesale Electricity Spot Market (WESM) and Retail Electricity Supply (RES) in this Open Access regime of Electric Power Industry Reform Act otherwise known as EPIRA.

The Dean of MLQU School of Engineering Engineer Rogelio M. Avenido acknowledges the donation of four complete units MPR63 by the Philippine Electric Manufacturing Corporation thru its President, Engr. Bernard H. Morillo. With this instrument in the course Bachelor of Science in Electricity Market Engineering, the MLQ University graduates will become assets in all industries utilizing bulk electricity energy.

MPR63 at Research Center

CT at Main CB

at SB203