House pushes ‘Bernas formula’ in amending Constitution

Unable to pursue a costly constitutional convention (Con-con), cautioned against undermining the Senate in a constitutional assembly (Con-ass), and accused of orchestrating a people’s initiative, the House of Representatives is now looking at a fourth way to amend the 1987 Constitution.

“Right now, we are following the ‘Bernas formula,’ where we would process amendments through the ordinary legislative process,” said House Deputy Majority Leader and Tingog party list Rep. Jude Acidre.

He was referring to a way of amending the constitution as proposed by deceased lawyer and priest Joaquin Bernas, one of the leading members of the Constitutional Commission of 1986. In a 2011 opinion column for the Inquirer, Bernas explained that under this “fourth mode” of Charter change (Cha-cha), both houses of Congress “will stay where they are, and formulate their proposal as they do statutes, but by three-fourths vote of each entire house. Whatever is approved is then sent to the other house for processing.”

The fourth mode is seen as a middle ground between the lower chamber and the Senate, which found themselves last month in an acrimonious debate on the motives behind Cha-cha. “The logical end is for both houses to approve it using the ordinary legislative process,” Acidre said, noting that the process would be as transparent as any other legislation.

The House will be testing the Bernas formula process once it starts meeting next week on Resolution of Both Houses (RBH) No. 7, a virtual replica of RBH 6 filed by Senate President Miguel Zubiri in January, save for the manner of voting.

While RBH 7 echoes the exact wording of Article 17 of the Constitution (vote of two-thirds of all members of Congress), the Senate’s resolution added a clause that would allow senators to vote separately.

Need for Cha-cha raised

Acidre

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