The deliberations on Resolution of Both Houses (RBH) No. 6 calling for a Constitutional Convention presently conducted by the House of Representatives singly without meeting in joint session with the Senate is patently unconstitutional and must cease immediately.

When the Congress calls for the convening of a Constitutional Convention, it exercises constituent power under Art. XVII of the Constitution on “Amendments or Revisions” of the fundamental law requiring the House of Representatives and the Senate to hold joint sessions.

The constituent power of the Congress is exercised in three different modes, namely: (1) acting as a Constituent Assembly directly proposing amendments to the Constitution; (2) calling for a Constitutional Convention to amend or revise the Constitution; and (3) submitting to the electorate the question of calling for a Constitutional Convention.

Authorities on constitutional law are unanimous that when the Congress exercises any of the modes of its constituent power, it must meet in joint session on a face-to-face interaction among Members of the House and of the Senate.

Neither the House nor the Senate can proceed separately from the other in the exercise of its constituent power.

EDCEL C. LAGMAN