Ramos had a set of proposed reforms that included a shift from a
presidential form of government to a parliamentary system, and
scrapping land ownership restrictions for foreigners. In 2006, an even
more extensive list of proposals emanated from the House Committee on
Constitutional Amendments. It contains both changes proposed by Ramos,
but also includes the shift to a federal system, the extension of the
terms of office of local elective officials from three to five years,
and the removal of nationality restrictions on sectors like advertising
etc. (See
Matrix prepared by PCIJ)
Unfortunately, these proposed changes have not been thoroughly and
publicly discussed, that one wonders who the motive forces behind them
are. It also convolutes understanding when those with earnest desire to
improve the Constitution – e.g. to increase representation by
marginalized sectors, to cure certain weaknesses in the provisions on
the declaration of martial law and the powers of the president, or
simply to clean it up for language and length – fail to build
constituencies for their ideas, and get mixed-up with the underlying
highly-charged and politicized incentive to change the Constitution.
The main debate centers on the timing and the mode of the change that
will be effected. Many say that the Constitution needs revising to keep
up with the times, but they say ‘not now, not yet’. A prime
consideration is the apprehension that any change to the Constitution
now will just be used by the unscrupulous Arroyo and her cohorts to
perpetuate themselves in power. This is valid fear as Arroyo is
notorious for reneging on her word, and for blatantly messing up most
of the country’s institutions (to wit: the election scandal,
brinkmanship on civil rights, commandeering Congress, abuse of
appointive powers, abuse of pardoning powers, the list goes on).
How and who will change the Constitution is also a big debate. We do
not trust Congress – the same people who have slithered their way to
power through patronage and corruption – with a valuable document like
the Constitution. Not when they managed to water down the agrarian
reform extension law; and not when they are preoccupied with a right of
reply bill ostensibly to protect themselves from being shamed by their
own actions. Not a Congress that would shout aye without the courage of
explaining why a Constitutional change is necessary, and what changes
they mean to make. And not a House of Representatives that is not
beyond declaring itself Congress and convening as a Constituent
Assembly without the House of Senate. Many would say a Constitutional
Convention is better, when delegates are elected for the express
purpose of amending the Constitution. Another mode -- people's
initiative, where amendments come from the people (or at least 12% of
total registered voters, 12% in every legislative district) themselves
-- is rarely discussed these days after the PIRMA experience.
Making the mode of Chacha the hot issue of the day could distract us
from more essential questions that we need to focus on. Instead of
squabbling about who should revise the Constitution, it should first be
made clear what specific amendments one wants to push.
Beyond the when, who and how, there are basic questions that we must go
back to: is the 1987 Constitution inadequate? Has it failed us that we
need to change it? If so, what changes do we want to make, and should
not these changes be the main consideration for any Chacha or ConAss,
rather than the Chacha or ConAss per se? Otherwise, what assurance do
we have that when we open the Constitution up for amendments yet
unidentified, they will not touch the provisions that we should fight
to preserve?
Imperfect as the 1987 Constitution might be, it remains the most
progressive Constitution we’ve had, and reminds us of the high ideals
and aspirations that buoyed the national pride after the people booted
out a dictator. It represents a break away from the old, of starting
fresh. While coming from mixed backgrounds and political inclinations,
the Commissioners who crafted the 1987 Constitution were of high
probity and integrity – traits that intervening history has taught us
to be wary of ascribing to any body now. It was born of a historical
moment when national unity was high, a moment far from the
fractiousness of today. Only one in three Filipinos support charter
change today, according to surveys, a far cry from the 76% mandate the
Constitution got in 1987.
And why not? The 1987 Constitution has a strong declaration on peace,
freedom, independent foreign policy, and self-reliant and independent
national economy. It has an extensive and progressive Bill of Rights.
It clips the powers of the Presidency and strengthens the checks and
balances in Government. It has strong language on social justice,
equity and redistribution, and reserves preferential treatment to
Filipino labor, business and industry, in specific areas like land
ownership, exploitation of natural resources, and certain economic
sectors.
The 1987 Constitution yet to realize its full potential, as significant
mandates have yet to be given enabling legislations or substantive
action. The list is long – right to information of public concern,
industrialization and full employment based on sound agricultural
development and agrarian reform, duty of the State to promote
distributive justice and intervene when the common good demands, a
progressive system of taxation, equitably diffusing wealth and
political power for the common good, urban land reform and housing, the
right of people and their organizations to effective and reasonable
participation, the anti-political dynasty provision, among others.
Why not fight to preserve these progressive provisions? Why not give
life and substance to the many Constitutional mandates we have yet to
fully enjoy? The failings of our economy and our political system are
not because of the Constitution. It is our politics that has failed the
Constitution.
We are told that it is precisely the progressive aspects (esp. the
economic provisions) of the Constitution that will be changed,
supposedly because they are fetters to our economic development. But it
is precisely such restrictions that made possible economic development
in a number of Asian countries, like South Korea, and in other cases,
such as China, hey have not prevented the massive entry of foreign
investment. Moreover, the same people are not complaining that we still
do not have access to official information, or that the people have yet
to be given a chance to participate meaningfully in economic and
political decision-making. How is it that restrictions on foreigners
owning lands hold us back, and not the continued entrenchment of the
same political families election after election after election?
Beyond Arroyo – and we emphasize that we don’t want her to extend a
second beyond her term, there are other forces behind the Chacha. It is
not speculation that foreign chambers of commerce and some neo-liberal
entities are involved, and their interests intersect with greedy
political forces. They are so focused on the act of changing the
Constitution that they do not bother to clearly articulate what is
wrong with what we have now and what they propose to replace it with.
The reason is simple. The changes they envision, now or even later, are
not for us ordinary Filipinos but for those who want to use the opening
of Chacha to further insinuate their interests into our system.