Go ahead, intensify the strife
In the news story of Philip Tubeza, Inquirer, Oct. 31, 2006, p. 2, the reporter quotes GMA ally Congressman Prospero Pichay as saying: 1)that he (Pichay) has already gathered 194 signatures to a resolution calling for con-ass, one signature more than the required 193 (ok, I was two congressmen off, I said in yesterday’s blog it was 195 based on June 2006 record; 2)that he hoped “the high court will not encroach on our legislative function of amending the Constitution …otherwise it would be violating the Constitution. You cannot issue a temporary restraining order against a co-equal branch of government” (in yesterday’s blog, we said that only a TRO, or an uprising, can stop JDV’s con-ass); and that 3)they “have all the time in the world” to have the con-ass approved because they can hold the plebiscite even on the day of the May 2007 elections (in yesterday’s blog, we said that they have to hold the plebiscite before the start of the election campaign period Jan. 14 or before the start of the filing of certificates of candidacy Jan. 15; that means Jan. 13 at the latest. ).
There’s a long line of cases on the authority of judicial review of the Supreme Court. The authority is more a responsibility than a power on the part of the Supreme Court to see to it that the Constitution is observed, and when the Supreme Court does this, it is performing a duty rather than flexing muscle. Pichay doesn’t know anything about this so I will leave him to his ignorance and let him go ahead with his plan.
Let him go ahead with his cluelessness. The Constitution requires votes, not signatures. The signatures appearing on Pichay’s resolution is not enough, the Constitution requires that members of Congress vote, that means that the three-fourths of each house should be present in plenary and cast votes in “yea’s” and “nay’s” (this is not to mention the more fundamental violation here of Pichay’s and JDV’s formula, that of voting unicameral when the Constitution created and designed a bicameral legislature). But if Pichay wants to go ahead with his plan of convening a constituent assembly based merely on signatures, and unicamerally, I say: go ahead . Continue GMA’s losing streak in the Supreme Court. Go ahead, land in the Guinness Book of World Records as being an administration with the most number of losses in court. Do it.
On “having all the time in the world” to hold a plebiscite and conducting it on the day of the elections: that should be a spectacle:
In Pichay’s resolution, the members of Congress will continue on as an interim parliament. It means therefore that he thinks he can cancel or annul or postpone the scheduled elections just by passing a resolution, then hold a plebiscite and an election in November, 2007. Go ahead and make a fool of yourself. The date of the elections and the terms of office of the legislators are all written in the Constitution. If you think you can delete all of those provisions in the Constitution with just one resolution passed in Congress: Go ahead. Make a spectacle. Land in Guinness. Be clowns. Escalate the conflict between GMA and the nation. Do it.