Former Supreme Court (SC) Chief Justice Reynato Puno believes it is time to overhaul the 1987 Constitution.
He expressed his opinion at the hearing today of the Senate Committee on Constitutional Amendments and Revision of Codes.
Puno told lawmakers, "the 1987 Constitution was done in haste. Former President Cory Aquino did not want to rule under the freedom constitution where she engaged in authoritarian powers."
He added this is the reason why this constitution is the only charter that has provisions saying "as may be provided by law."
Puno favored amending the constitution by way of a constitutional convention (con-con).
He proposed that con-con members be chosen by both houses of Congress.
Once formed and during its existence, the con-con will be independent and co-equal with other branches of government.
Puno stressed Congress cannot pass any resolution limiting the law-making powers of the con-con, only the constitution can.
Puno said when time comes that lawmakers will vote on the amendments to the charter, the Senate and House must vote separately.
He explained, amendments requiring three-fourths of votes of all members must be interpreted in a way that will not result in an "anomalous situation" wherein the institutional participation of the Senate will be cancelled.
Puno further said the 1935 Constitution provides the holding of a joint session but voting is held separately.
"The numerical superiority of the House will simply overwhelm the Senate," he noted.
