‘House, Senate must act as one body to amend 1987 Charter’

The Senate and the House of Representatives voting separately to amend the Constitution is disregarding "the fact that Congress is not acting as a legislative body, Congress is acting as a constituent assembly," former Supreme Court Justice Vicente Mendoza said yesterday.

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"Isa lamang po. Isa lamang asembleya (Just one, just one assembly) not Congress. Because when we speak of Congress, we speak of the two Houses, we imply the House and the Senate. But when we speak of a constituent assembly, we call on the Congress to wear its other hat, that is as a constituent assembly," he said.

Mendoza said amending the Constitution is not the work of Congress but a non-legislative function of a constituent assembly.

"The amendment of the Constitution is not the work of Congress; it is a non-legislative function. It is just as important as the declaration of a state of war which requires Congress to meet jointly as one assembly and vote separately," he said.

Mendoza enumerated other instances when Congress acts as a constituent assembly doing non-legislative work: as national board of canvassers counting the votes for president and vice president, when confirming the president's nomination of a vice president in case of a vacancy in the vice-presidency, when resolving the issue of the cabinet believing that the president is disabled from performing his official duties but the president believes otherwise, and when revoking a declaration of martial law and suspension of the privilege of habeas corpus.