MANILA - More critics have come out against the approval by the House of Representatives of Charter change via a Constituent assembly, with constitutional law expert Fr. Joaquin Bernas S.J. warning that it could lead to a "gang rape" of the Constitution, and rebel soldier Brig. Gen. Daniel Lim calling on the military to oppose an alleged attempt by President Arroyo to hold on to power beyond 2010.

On Thursday, Bernas, dean emeritus of the Ateneo Law School, warned that if the Supreme Court (SC) would support attempts by the House of Representatives to change the Charter without the Senate voting separately, it would amount to a "gang rape" of the Constitution.

Bernas, one of 50 members of the Constitutional Commission which drafted the 1987 Charter, said the lower House has not yet violated any law by approving House Resolution 1109 calling on Congress to convene a Constituent assembly (Con-ass).

He said the possibility that the Charter could be amended to let Arroyo stay in power beyond 2010 is not yet real since the Constituent assembly has not yet convened and approved any amendment to the Constitution.

However, once Congress convenes itself into a Con-ass and changes the Charter without the vote of the Senate as a separate body, that is when a possible crime could happen, what Bernas and some opposition members called the "gang rape" of the Constitution.

“I think all they were saying, as far as the first sponsor is concerned, 'Ladies and gentlemen, we are going to violate the Constitution.' But they did not yet violate the Constitution. That is why, to my mind there is nothing yet to bring to the Supreme Court," Bernas said.

Role of SC, AFP

He said extending the term of the president and other elected officials is hard to pull off without the cooperation of the justices of the Supreme Court and the military.

"It is real only if the SC will cooperate, and more if the military will cooperate. If there is no cooperation, there can be no term extension,'" Bernas said.

He recalled that after the EDSA revolution in 1986, then President Aquino changed all the justices of the Supreme Court due to their role in support of the Marcos dictatorship.

“I think the justices of the SC will think of that, if they are tempted to cooperate in the gang rape of the Constitution,” he added.

He said the citizenry could resort to civil disobedience in case the Supreme Court and the military go along with moves to make Arroyo stay in power longer than what the Constitution allows.

"The alternative is another people power if ever they cooperate in the gang rape of the Constitution," Bernas said.

Protect the people

Detained rebel officer Brig. Gen. Danilo Lim called on "every officer and enlisted man" to "follow their conscience and do what is right--protect the people and the state."

In a statement released Thursday, Lim said that the "brazen railroading" of the House resolution has "erased whatever doubts we have about GMA’s true intention of holding on to power beyond 2010."

"GMA is determined and she will keep on ramming through every perceived obstacle there is, until she attains her much-coveted goal," Lim said.

Students protest

Outside the Jesuit-run Ateneo de Manila University campus in Quezon City, vehicles passing by Katipunan Avenue became instant tools of protest as students, teachers and NGOs took to the streets to make noise against the alleged railroading of Cha-cha.

“Mga kongresista, please represent the people who voted for you. Napakarami nila at para sa kanila, hindi pa panahon para mag-Charter change,” Gio Tingson, president of the Sanggunian ng mga Mag-Aaral ng Ateneo, said.

The noise barrage was just one of the coordinated protest actions nationwide.

The De La Salle brothers staged their own version in front of Saint Joseph’s College in Quezon City.

Villanueva, Lim speak

Jesus is Lord (JIL) Movement leader Brother Eddie Villanueva said his group is also prepared to stage a massive rally against Cha-cha, once Congress convenes itself into a Con-ass and starts amending the constitution.

"That can perhaps produce a spiritual earthquake inside and outside Malacañang palace,” Villanueva said.

“I think that is the only way to jolt the number one terrorist in our country…Sukdulan na ang moral bankruptcy ng Malacañang at Kongreso na nagpupumilit na magkaroon ng Charter change,” he said.

Concert vs Con-ass

NBN-ZTE whistleblower Rodolfo "Jun" Lozada also expressed serious concerns over the resolution.

"Although mas personal ‘yong sa akin [na rason], inaasahan ko makakabalik na ako sa normal na buhay. Hindi [pa] pala," Lozada said.

Lozada, along with internet sensation "Juana Change," also went around Makati's Ayala Avenue promoting their concert entitled "Kick-Ass," which will also be a protest against the Con-ass move.

Lozada said everyone should be aware about Charter change, which is why they are planning to go out in the streets during office hours everyday prior to the concert to inform people about cha-cha.

Juana Change, Mae Paner in real life, said their concert, scheduled on Wednesday with no set venue yet, is a collaboration of different groups opposed to the move.

Paner said that while they are still in the planning stage, their concert will be somewhere in Makati City.

Speaker Prospero Nograles said he has expected this kind of public outrage, but said he is prepared to bite the bullet if only to trigger a case in the Supreme Court that will decide on the proper way to do Cha-cha. With reports from Carmela Fonbuena, abs-cbnNEWS.com/Newsbreak; Willard Cheng and Adrian Ayalin, ABS-CBN News