Category: cha-cha

The big letdown

Ernesto P. Maceda, Jr.

We have had two chances in our history to write a Constitution (1934 and 1986) and one to revise it (1971). All three were done through the mode of having a dedicated group, elected or appointed, working solely on the Constitution and nothing else.

The most recent attempts at Charter change (under the Arroyo and Aquino presidencies) thru the con-ass mode failed to harness popular support. This was largely due to the perception that they were self serving efforts: perpetuation in power, no genuine political dynasty resolution. They would originate usually from the House (De Venecia, Nograles-Puentevella, Rodriguez, Belmonte).

The prism of self interest. President Rodrigo Duterte was an avowed proponent of the con-con mode for his prized shift to federalism. He confirmed this before, during and after the campaign. Like the public, he believed the con-ass mode to be self serving. Other No-Chance proposals under a con-ass would be the FOI law, political party reform.

Plus, of course, would you seriously expect Congress to vote to diminish its own power? This surely happens under the federal form where the National Congress castrates itself and shares responsibilities (and funds) with the state legislatures. As for the upper house, I don’t see Senators consenting to possibly playing a lesser role in legislation much like the House of Lords in the UK or, worse, being abolished outright if no separate voting by chamber takes place. The model federalism resolution of Senate President Nene Pimentel actually proposes the election of 75 Senators and 350 Congressmen at the national federal level. Incumbents voting for a proposition that dilutes their power? That’s novel. Its also absurd to expect it would happen.

Revision by con-ass may likely bring out the worst in the Legislature. And this likelihood is doubled with the current supermajority in Congress. I can see it now – suspensions of Rules, calls for closing the period of debate, drowned out points of order, calls for a vote. Might of muscle over might of merit. Personal heroes were routinely created or unmasked by the ANC coverages lasting deep into the night of the House’s many blatant and dishonorable past attempts at con-ass. The tyranny of supermajorities on display.

Unparalleled opportunity. No one trusts the House to decide in favor of con-con. It was such pleasing news then that Speaker Alvarez, in his first press conference, turned out to be pro con-con like his friend, the President. And with the Senate firmly on board, the Filipino people had, for the first time since Charter change was openly debated (began in 1997 nearing the end of FVR’s term), an honest chance at meaningful reform.

Opinion ( Article MRec ), pagematch: 1, sectionmatch: 1

This may even have been the best opportunity at crafting the Constitution that we will need for the future. The 1934 draft was intended for a commonwealth government. The 1971 version was not given a bona fide chance. The 1986 output was rushed by a President who did not want to rule by revolutionary fiat. There would be no such pressures for this 2016 or 2017 iteration.

The populist President Duterte who, time and again, in just this first month in office has shown himself to be the emblem of popular sentiment, has made a decidedly unpopular choice in this con-ass change of heart. Virtually every sector of society has come forward favoring con-con over con-ass.

Expensive if Amendment, a bargain if Revision. Our own personal position is that the economy, efficiency and expediency of a con-ass are valid arguments only when the proposal is for mere amendments – whether of one or a group of provisions, e.g. economic. For constitutional amendment, it would be inadvisable to spend the P 7 billion price tag of a Con-Con (the price goes down dramatically to around P1 billion if Con-Con elections are synchronized with the Barangay or 2019 elections).

But a Revision of the Constitution deserves more than just the sideline attention of Congress acting as a constituent assembly. If the proposal would be to adopt a new federal structure or to try out the parliamentary form, this would mean throwing out virtually the entire Constitution and all of our present constitutional history. We would be starting blind.

Not as exhaustive. A con-ass that will be taking this on as an added duty will not be as thorough as a con-con with this as its only duty. We should make sure we get the best debate. We will not be served by Congress, with its supermajority, rubber stamping the President’s telegraphed message.

Public opinion is equally crucial. But trimedia is informal and space and time compromised. Essays and researches are sterile efforts where the author, even if attempting a balanced output, basically just debates with himself.

There is no substitute for well reasoned positions presented in an impassioned debate – without the time limitations and whose only guideline is to come up with a majority after making sure all sides are ventilated. Even those with full belief in Federalism should welcome the open, thoughtful and enthusiastic exchange one gets in a Convention. This will only serve to fine tune and produce not only the best version of a Constitution but one that is strong and solid having survived the crucible of intelligent debate. In this sense, a con-con is priceless.

In the previous conventions, we were well-served by the articulate expressions, stentorian tones and ardent convictions of men like Rodrigo, Recto, Bernas, Concepcion, Munoz-Palma, Manglapus, and more. We have to listen to all arguments even if we disagree for this will create a critical history and a rich record to aid in its better understanding later on.

Not democratic. These imperatives are best served if we send delegates who, having presented to us their intentions and their qualifications (matapos mamanhikan), are entrusted with our own sentiments on what we feel we need to see in the document they will be crafting. Did we elect our Congressmen and Senators to do that for us? No. This, above all, is why the President’s change of heart was surprising. Because it confiscated from our hands the one opportunity we had of a meaningful participation in writing the next chapter of our country’s history.

 

Federalism is not a solution

Ben R. Punongbayan 

First of two parts

The concept of Federalism has recently been getting special attention in Philippine political circles. Judging by the constant talk about it, it appears our elected officials are determined to push efforts to adopt a form of Federalism through Constitutional amendment as the new basis of the political and economic union of the Filipino people.

As early as 2009, however, when I organized a national political party called Buklod, I have taken the view that Federalism is not a solution to the country’s economic and political problems. As I indicated in the “Objectives and Beliefs” of Buklod, Federalism is, in fact, a step backward.

Read on…

distressed and disconcerted

by the torrent of killings, drug-related and not, with many innocents presumably “caught in the crossfire”, but just as badly by the shabu menace that’s past eradication and likely impossible to “contain” in this third world country without livelihood options for mules, runners, and pushers and without free health and support services for addicts asking for help.

and disgusted by the announcement of house speaker pantaleon alvarez (whom we don’t know from adam, yet who is sooooo powerful all at once with that super majority na, super minority pa) that the prez has changed his mind re a constitutional convention for the shift to federalism upon the advice of previous presidents fvr, estrada, arroyo, and aquino because, you know, concon is too expensive, argh.  please naman, mr. president, this is too important.  we simply do not trust congress.  if we can’t afford to do it properly, then let’s not do it at all, instead work with what we have already, like senator nene pimentel’s local government code of 1991 that could work for the bangsamoro, too.

and disgruntled, still, by that disastrously pa-creative coverage of president duterte’s first SONA, those “disturbingly lingering, unflattering low angle ‘ilong’ shots,” ika nga ng isang veteran TV director, not to speak of the rather pointless tight shots on the presidential hands and other indie film gimmicks that were all quite inappropriate to a SONA, seriously distracting from the speech of a president who does not really speak very clearly, whether in english or tagalog or bisaya, and so you need to focus and to watch his lips if you want to catch the full sense of what he’s saying from one sentence to the next.

calling out presidential comms sec martin andanar: what were you thinking? there was nothing “master class” about that SONA coverage.  the president cannot be boring even if he tried (except to diehard critics of course) just because he’s unlike any president we’ve had before, and we need help deciphering him, adlibs, asides, and all.  and i hope it’s not true that you’re tapping the same indie feature film director (famous for poverty porn) to direct information campaigns critical to nation, unless the idea is to distract from the issues maybe, or from shifts in the presidential mindset? make it impossible for us to keep track? OMG

p.s. sana pinaghahandaan na ninyo, at ng mainstream and social media na rin, ang information campaign on federalism and constitutional change.  we expect nothing less than savvy and clarity on all sides.

Gang rape of the Constitution

Fr. Joel Tabora, SJ

THERE is a gang rape ongoing. It is led by Speaker Sonny Belmonte and his gang of rapacious congressmen. It is to be joined by like-spirited senators. It is not a simple rape. It is multiple rape, violent and vicious. The victim: the Constitution.

The rapacious organ? The phrase: “unless otherwise provided by law,” inserted violently over and over again to kill the Constitution’s protection of the Filipino patrimony and its mandate to social justice.

Read on…