Lagman: Reconsider Approval of Provisional ABS-CBN Franchise to Cure “Constitutional Disease”

MANILA, Philippines – A lawmaker is asking the House of Representatives to reconsider passing the second reading of the bill that gives ABS-CBN a provisional franchise until October 31, 2020, to cure the measure of any ” constitutional disease “and extend its effectiveness.

Albay’s District 1 representative, Edcel Lagman, said Friday that a motion was filed on Monday, May 18 to reconsider the approval of House Bill No. 6732 as it “posed a serious constitutional challenge” for violating a provision of the Constitution.

Lagman cited Section 26 (2) of Article VI of the Constitution that establishes that “(n) a bill approved by any of the Houses will become a law unless it has approved three readings on separate days, and they have been printed copies of it in its final form. distributed to its Members three days before its approval, except when the President certifies the need for its immediate enactment to face a calamity or public emergency. “

To recall, during the House session on May 13, the lower house met in a Committee of the Whole to address House Bill No. 6732.

After the approval of the Committee of the Whole, the bill was deliberated immediately and finally approved in second reading the same day.

However, Lagman said that House Bill No. 6732 was not certified as urgent by President Rodrigo Duterte and, as such, the “three readings on separate days” rule was not followed.

“The express process for the approval of the” Bayanihan Law “or RA 11469 where the first, second and third reading were held on a day of special session cannot be invoked as a precedent because in that case there was an urgent presidential certification,” he said. Lagman in a statement.

Another reason for reconsideration of the passage of the bill, Lagman said, is to allow the plenary to reopen the amendment period to accommodate greater effectiveness of the provisional franchise for at least a year or sometime until July 2021. , as suggested by some senators.

“This compromise will prevent a long and controversial bicameral conference that can derail the enactment of the provisional franchise and prolong the closure of ABS-CBN,” said Lagman.

Now, when will the motion reconsider the passage of the bill?

Lagman cited Sec. 103 of Rule XIII of the House Rules which states that a motion to reconsider action on a measure may be filed “on the same day of session or later” after the approval of said measure.

“Therefore, the presentation of said motion falls no later than Monday, May 18, 2020, since there were no sessions from May 14, 2020 to May 17, 2020,” said Lagman.

“After timely reconsideration and with the possible introduction of amendments to House Bill No. 6732, the bill can be passed in second reading on May 18, 2020, which is a separate session day,” added the lawmaker. .

The representative of Cagayan de Oro, second district, Rufus Rodríguez, previously told INQUIRER.net that he would present a motion to withdraw the approval of the bill on Monday, May 18.

“May (we have) pro and [opposition] so if we pass this type of law that may be violating the Constitution, sayang (would be unfortunate), “said Rodríguez.

However, Vice President Neptali Gonzales insisted that the lower house did not commit any violation in passing the bill.

“I declare that the first and second reading can be done on separate days or the same day, depending on the decision of the Plenary, without violating the Constitution, provided that the third reading is three days after the distribution of printed copies,” said Gonzales .

In other words, there is nothing wrong with the House grouping the first and second reading of a bill on the same day and taking the third reading on a separate day because of the three-day rule, unless the President certifies it, “he added.

/ MUF

Read below

EDITOR’S SELECTION

MOST READ

Do not miss the latest news and information.

For comments, complaints or inquiries, contact us.