Professor Tony La Viña: Constituent Assembly interpreted under 1987 Constitution
Constituent Assembly interpreted under 1987 Constitution
When sought for his comments on House Speaker Pantaleon Alvarez’s plan to convene the House of Representatives – without the Senate – as a Constituent Assembly for Charter Change, Professor Tony La Viña observed that “it does not pass any kind of legal, policy, constitutional, or even logical test.”
He explained that “the only way a Constituent Assembly can be convened is if there is a joint resolution by both Houses or, without a Senate resolution the House can convene and tackle constitutional amendments — not as a Constituent Assembly but only as the House of Representatives.
Professor La Viña made these observations in a media report on the present debate between the Lower and Upper chambers of Congress on the manner of convening the constituent assembly to consider Charter Change.
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