CON-CON TO COST P6-BILLION. Holding a constitutional convention (Con-con) to amend the 1987 Constitution will cost the country no less than P6 billion, opposition Sen. Aquilino Pimentel Jr. said yesterday.
Citing estimates presented by the Commission on Elections (Comelec), Pimentel said the P6 billion "was an enormous expense that a cash-strapped government could ill afford" and was one of the reasons why lawmakers are having second thoughts about supporting the Charter change (Cha-cha) initiative of Speaker Jose de Venecia Jr.
Pimentel admitted that he had initially favored a Con-con composed of popularly elected district delegates but he realized that it would be too costly in terms of salaries and other operational expenses. Pimentel said the cost of holding a Con-con has prompted lawmakers to seriously consider converting Congress into a constituent assembly but the Senate and the House of Representatives have yet to agree on key aspects of the process.
Western Samar Rep. Antonio Eduardo Nachura, chairman of the House committee on constitutional amendments, admitted the Cha-cha initiative won’t get off the ground without the concurrence of the Senate. Nachura said opposition Sen. Edgardo Angara, chairman of the Senate committee on constitutional amendments, revisions of codes and laws, and electoral reforms, favored convening Congress as a constituent assembly. But Angara said that while he favored constitutional amendments, Congress would have to agree on the most viable mode of adopting proposed amendments.
Pimentel, for his part, was wary that while a constituent assembly would cost less, "there is some fear that the amendments that may be adopted by the constituent assembly may not be acceptable to the people considering the low survey rating of Congress." If the decision is to convene a constituent assembly, Pimentel said the senators will insist that the Senate and the House vote separately on every amendment.
Source: Philippine Star, 18 December 2002
DE VENECIA CALLS FOR FEDERAL FORM OF GOVERNMENT. "Federalism is an idea whose time has come." These were the words of Speaker Jose de Venecia Jr. yesterday as he pushed for the decentralization of the government and its conversion to the federal form of government.
De Venecia proposed that the Philippines be decentralized into a federation — a group of regions or states with a central government which has control over some things, such as defense, but with each region having its own local government units (LGUs) and laws. Under this system of government, there is a distribution of power between the central authority and the LGUs, with the LGUs being autonomous and self-governing in areas that directly concern the state or region involved.
Strong local governments federated under a strong central government, De Venecia said, would be the best way to create the "strong Republic" envisioned by President Arroyo. Echoing the pro-federalism sentiments earlier aired by Sen. Aquilino Pimentel, De Venecia said decentralizing some powers of the central government to provinces, cities and municipalities will provide a balance of power between the central government and LGUs to defeat poverty, terrorism, injustice and corruption.
Pimentel said federalism is the best way to effectively govern the Philippines, which is an archipelago of over 7,100 islands with a population of 80 million and growing. Pimentel added that the diversity of cultures and languages in the country also supports the school of thought that the Philippines would develop better under a federal form of government.
The senator proposed the decentralization of the Philippines into 10 federal states: the states of Northern, Southern and Central Luzon and the Southern Tagalog Region; the federal states of the Eastern, Central and Western Visayas and; Northern, Southern and Eastern Mindanao and the Bangsamoro Federal State. Pimentel said the Bangsamoro Federal State should cover the areas predominantly populated by Muslim Filipinos and that, in that proposed state, Sharia’ah law should be adopted for the purpose of settling disputes between Muslim litigants.
According to Pimentel, the best federal governments to pattern a future federation of Philippine states are the governments of the United States, Europe, Malaysia and the emerging federal system in some South American countries.
The House Speaker, meanwhile, said federalization of the Philippines will directly address the secessionist problem in Mindanao, as well as lessen the chances for corruption to happen. To achieve the federation of the Philippines into self-sufficient states, however, De Venecia said a "workable period of transition to prepare the nation" must be put in place. He said economic development should be dispersed, since decentralization cannot succeed without "strategic economic dispersal" of government resources.
De Venecia said that if the Constitutional Convention pushes through in 2004, he foresees a shift to the federal system of governance by 2010: "We all go full for the road towards federalism." However, Mrs. Arroyo, who may seek another term of office in 2004, reportedly does not support De Venecia’s proposal.
Source: Philippine Star, 26 July 2002
OPPOSITION BLOC WANTS CHA-CHA. Fearing that voters "with a low level of intellectual sophistication" would bring the nation to the dogs, opposition members called for an amendment of the Constitution and a shift to a parliamentary form of government to stop the "growing national decadence."
This was the emerging consensus among opposition lawmakers who attended the two-day workshop the Laban ng Demokratikong Pilipino (LDP) conducted here over the weekend to forge its legislative agenda for the 12th Congress’ Second Regular Session that starts today.
"Without equivocation, I am for Charter change," said LDP president Sen. Edgardo Angara, who urged that the rarely exercised congressional oversight function be used to finally check the perennially dismal collection of government revenue agencies. Former senator Juan Ponce Enrile, who spoke during the workshop, supported Angara’s call and warned that unless the Charter is changed, communist guerrillas or even the military could overrun the country.
Among the areas that could be changed are the national police system, the multi-party system, term limits for elective officials, frequency of elections, the role of the military, the power and jurisdiction of the Commission on Appointments, the judicial system and economic provisions that limit foreign investments into the country. But any Charter change must be topped by a shift from the presidential to the parliamentary system of government, Enrile said.
He said that under the presidential system, a growing number of voters "with a low level of intellectual sophistication develop a fetish for popular candidates whose best qualities qualify them for everything except public office." In 1998, he said, a serious presidential candidate was expected to spend at least P2 billion to be elected to a job that would pay him only P630,000 a year, or P4.1 million for the full six-year term, driving the winning candidate to resort to corruption to recoup his expenses.
Under such system, members of parliament choose the prime minister whom they can readily remove "if he fails to measure up to the expectations of the people and his peers or if he does something inimical or injurious to the nation."
Source: Philippine Star, 22 July 2002
HOUSE STRENGTHENS CHA-CHA CAMPAIGN. The leadership of the House of Representatives yesterday endorsed a minority-initiated resolution pushing for a "unicameral legislature and parliamentary system of government". The resolution states the new system would solve "structural problems in governance" the country faces today.
"The sooner we are able to effect the needed constitutional reforms, the better for the country," Speaker Jose de Venecia said in a press statement.
De Venecia was joined by Deputy Speaker for Visayas Raul Gonzalez, House Constitutional Reforms chairman Eduardo Nachura, Accounts panel chair Ace Barbers and Rep. Antonio Cuenco in endorsing Senior Deputy Minority leader Constantino Jaraula’s House Concurrent Resolution No. 12. Reps. Gerry Espina and Ismael Mathay III co-authored the measure.
The resolution calls for the "convening of a Constituent Assembly to propose revisions to the 1987 Constitution."
Aside from highlighting the values of a unicameral modified parliamentary system of government, the resolution also cited the current "deadlock" in the Senate. The impasse "is now sowing chaos and confusion in the political firmament and will likely prejudice all the more the country’s economy," the resolution authors noted. The measure proposes that a "combination and correlation" of the 1973 and 1987 Charters be adapted in the proposed Constitution. It also calls for a review of the death penalty and letting this be subject to "amendment, modification or redefinition by the National Assembly."
In the case of a sitting president being unable to perform his duties and functions, the resolution prescribes an election "within 10 days from the occurrence" of the vacancy.
Source: Manila Times, 28 June 2002
SUMMIT OKs CHARTER CHANGE AFTER 2004. Twenty-one political parties agreed Sunday to have the 1987 Constitution amended through a constitutional convention (con-con), but only after 2004.
The election of delegates to the con-con will be held simultaneously with the national elections two years from now, said the United Declaration of the First Philippine Political Parties Conference.
The declaration, issued by the political parties at the end of a three-day political summit at the Manila Hotel, also called for:
As expected, the political parties condemned "machinations and conspiracies and all forms of destabilization." In his closing remarks, Speaker Jose de Venecia Jr. said the conference "initiates us into a new culture of cooperation among political parties and party leaders."
De Venecia told reporters that the political parties would continue to reach out to the opposition, which boycotted the summit. The Laban ng Demokratikong Pilipino (LDP) decided to skip the summit in protest of an alleged plan to arrest its president, Sen. Edgardo Angara. The PDP-Laban, Reporma-Lapiang Manggagawa and Bayan Muna also boycotted the summit. The opposition bloc in the House of Representatives said the summit failed to accomplish anything because the issues discussed were "replays of an old song."
Vice President Teofisto Guingona, president of the Lakas-NUCD, lauded the participants of the summit for rising above partisanship and for establishing a vision. Norberto Gonzales, presidential adviser on special concerns, said the summit was a dialogue among political parties and "not a unification of political parties to back up Malacanang."
Equally satisfied with the summit was Akbayan Rep. Loretta Ann Rosales. Rosales said she and members of other party-list groups and of the academe and civil society who took part in the summit, were able to push for certain reform measures and to get rid of controversial provisions in the declaration. She mentioned the scrapping of a provision in the draft declaration that "lumped together" mass demonstrations with coups and rebellions as among those to be condemned by the political parties if these were aimed at changing duly elected governments.
Source: Philippines Daily Inquirer, 6 May 2002
CHA-CHA GAINING GROUND. Rep. Antonio Nachura (Lakas, Samar, chairman of the House committee on Constitutional Amendments) said proposed amendments to the Constitution have been met with "enthusiastic support" during consultations held in various parts of the country.
He said people in the cities of Baguio, Iloilo, Bacolod, Butuan, Dagupan and Cagayan de Oro expressed support for constitutional reform in contrast to the strong opposition to Charter change (Cha-cha) during the Ramos and Estrada administrations. Nachura said constitutional experts have also expressed their support for Cha-cha. Former 1987 Constitutional Commission member Greg Tingson said the Constitution should march with the needs of the times.
All the chapter governors of Integrated Bar of the Philippines (IBP) have also endorsed a resolution to amend the country’s 15-year-old Constitution in 2004. IBP national president Teofilo Pilandos said some of the Constitution’s "prohibitory provisions," like term limits on certain public officials, were deemed as "no longer applicable" to the current situation.
Source: Philippine Star, 2 May 2002
8 SOLONS SEEK CHA-CHA REFERENDUM. Eight congressmen from the administration party Lakas-NUCD and the Nationalist People’s Coalition (NPC) sought yesterday a referendum on the proposal to amend the Constitution.
The lawmakers filed Joint Resolution No. 12 which, if approved by the two chambers of Congress, would have the force and effect of a law. In their resolution, the lawmakers said it would do well for Congress to first consult the people in a referendum before moving to amend the Charter. They have proposed that the referendum be held simultaneously with the July 15 barangay and Sangguniang Kabataan elections. In the referendum, Filipinos would simply be asked two questions: If they agree that the Constitution should be amended at this time, and, what mode they favor in making such amendments – by constituent assembly or constitutional convention.
Their resolution came a day after Senate President Pro Tempore Manuel Villar proposed a referendum on Charter change to be held simultaneously with the barangay polls. Villar said there must be a referendum first on the issue because it would be useless to pursue the subject without the people’s approval.
A constituent assembly is Congress functioning as a Charter-revision body instead of a legislature. A constitutional convention is an elected chamber composed of representatives from congressional districts.
One of the Constitution’s provisions which Charter change proponents said need amending is the one imposing term limits on elective officials. The Charter restricts the President to a single six-year term, senators to two terms of six years each, and congressmen, governors and mayors to three three-year terms each. The provision is designed to prevent a repeat of the Marcos dictatorship, and to guard against abuse of power by elective officials.
Source: Philippine Star, 18 April 2002
SOLON: MOVE TO AMEND CHARTER PLOY TO MAKE DE VENECIA PM. The move to amend the Constitution through a constituent assembly is a ploy to get Speaker Jose de Venecia elected as prime minister, a congressman has said.
Rep. Antonio Cuenco said De Venecia favors a parliamentary system of government through direct amendments because the Speaker "can’t get himself elected under a presidential form of government." He added that House leaders trying to push for Charter changes through Congress sitting as a constituent assembly were being motivated by "selfish" interests. Through a constituent assembly, the House and Senate merge into one body to propose and approve amendments to the Constitution. Cuenco said should there be any amendment to the Constitution, it should be done by a Constitutional Convention.
He has filed a concurrent resolution, requiring a similar measure at the Senate, calling for con-con elections on July 15 to coincide with the barangay elections. He said holding the election of con-con delegates on July 15 will enable the government to save funds. Other details, such as how many delegates will be elected or how many delegates would represent each of the country’s regions would be embodied in a law to be enacted by Congress, Cuenco said in House Resolution No. 10. Cuenco said House Resolution No. 10 would address the "prevalent mood" for Charter change. But he said Congress itself could not make the amendments because "its motives are highly suspect."
He also said that "graduating" congressmen or those who are on their third and last term are aiming to lift the cap on term limits like House Deputy Speaker Raul Gonzalez. He brushed aside criticisms that a Constitutional Convention would entail huge expense, saying that "it will still be a minuscule amount because this is priority." He said the persons who will effect Charter change should be elected because he believed that the people would "surely reject any amendments to the Charter if Congress will carry it out."
Cuenco said that among the Charter changes he would propose would be the election of senators by region, the return of the two party system and placing the power to fire and hire policemen under the control of local officials. He also favors land ownership by foreigners. "We are the only country that prohibits land ownership by foreigners on the mistaken notion (that we would lose our patrimony if this happens.)"
Source: Philippines Daily Inquirer, 15 April 2002
SENATE COMMITTEE NOT KEEN ON CHARTER CHANGE. The Senate committee on constitutional amendments, revision of codes and laws and electoral reforms is not too keen on fast-tracking changes to the 1987 Constitution, saying any amendments to the Charter should take into account "the real pulse of the people, not just the views of legal experts and lawmakers."
"Any consensus on whether to change the Charter has to reflect the popular will, the pulse of the heartland, the sentiments at ground level," said committee chair Sen. Edgardo Angara in a statement. Angara also maintained the committee has already "firmed up its schedule for the short term and this does not include debates on Charter change." Angara noted that the committee was more inclined toward first finishing the debates on the proposed absentee voting law, which is in its final phase of being passed.
Three congressmen who favor Charter change, however, said they prefer a unicameral legislature although they differed on what form the new government should take. Representatives Raul Gonzalez of Iloilo City, Arthur Defensor of Iloilo’s third district and Rolex Suplico of the fifth district said a unicameral legislature would be more efficient in making laws than the present bicameral setup. But Gonzalez, who is House deputy speaker, said he favors a unicameral legislature under a presidential form of government while Defensor favors a parliamentary form of government. Gonzalez said he wants a parliamentary system of government, which has "a strong executive," similar to the present setup in France and Russia. Defensor, House assistant majority floor leader, said he preferred a unicameral legislature but under a presidential form of government.
Source: Philippines Daily Inquirer, 9 April 2002
PRO-CHARTER CHANGE SOLONS DEFY PRESIDENT’S STANCE. There is no stopping lawmakers from pursuing constitutional amendments, not even the expressed opposition of President Gloria Macapagal-Arroyo.
"While that may be her personal stand, I believe she will not insist on it if the people are clamoring for change," Western Samar Rep. Antonio Eduardo Nachura, chair of the House committee on constitutional amendments, said Thursday.
Deputy Speaker Raul Gonzalez of Iloilo City, one of the proponents of Charter change, said the President’s opposition would not be a stumbling block to Congress’ resolve to amend the 1987 Constitution. Gonzalez expressed disagreement with the President’s position that Congress should attend to urgent pending bills before focusing its attention on amending the Charter. Gonzalez also said it appeared that the President was merely playing it safe.
Nachura said he shared the President’s concern for the pending bills, but pointed out that these could be attended to simultaneously with the task of amending the Constitution. He said certain amendments might even solve the current economic and political problems. Nachura said his committee would also push for the convening of barangay assemblies, set tentatively on May 6, to serve as "sounding board" for Charter change.
But House Assistant Majority Leader Arthur Defensor said the May 6 schedule had been overtaken by the decision of Congress to postpone the barangay elections from May 13 to July 15. Besides, Defensor said, Congress would not be able to get an accurate response from the grass-roots level if the consultations were held before July 15.
The House committee on constitutional amendments had wanted to hold a plebiscite on the proposed amendments simultaneously with the 2004 national elections.
Nachura said that despite the President’s objection, his committee would continue its public consultations on the matter in key areas nationwide. He said there was a "groundswell of support" for the proposal, and that the people "really believe there is a need to amend the Constitution."
Source: Philippines Daily Inquirer, 5 April 2002
CONGRESS PUSHING FOR CHARTER CHANGE, PARLIAMENTARY GOV’T. Slowly but surely, the House of Representatives is pushing for amendments to the 1987 Constitution, aimed mainly at changing the form of government.
The House committee on constitutional amendments has approved a measure calling for convening barangay assemblies nationwide on May 6 to serve as a forum to discuss proposals to amend the Constitution. There are 41,940 barangays in the country. As proposed, the people would be asked whether they see a need to amend the Charter. If they favored Charter change, they would be asked about the specific amendments that they wanted and the manner by which the Charter would be amended. Results of the consultations would be submitted to the House and the Senate.
House Speaker Jose de Venecia Jr. has espoused Charter change, saying he favors a shift to a parliamentary form of government. He is calling a national political summit on the first week of May to discuss Charter change and other issues.
In House Resolution No. 8, 35 members of the committee on constitutional amendments is asking the Department of Interior and Local Government to convene the barangay assemblies in order to determine the stand of the people on proposals to amend the Constitution. The resolution was principally authored by Iloilo Representative Raul Gonzalez, Deputy Speaker for the Visayas; Samar Representative Antonio Eduardo Nachura, chair of the committee; and Baguio City Representative Mauricio Domogan, vice chair of the committee. The committee approved the resolution last month and submitted Committee Report No. 307 to the plenary for approval.
Nachura said House members would be asked to help conduct the consultations through the barangay assemblies. He said the committee would submit specific proposals to facilitate discussions at the assemblies. Nachura said the committee's target was to hold a plebiscite on proposed constitutional amendments simultaneously with the 2004 national elections.
If the people ratified a change in the form of government, the shift would not be implemented soon. The elected President in 2004 has the "vested right to finish her term" of six years before the government shifts to a new form, Nachura said. He laughed and noted that he referred to the elected President as a she, apparently President Gloria Macapagal-Arroyo. Nachura said the administration in 2004 would serve as the "transition government" that would be expected to undertake the necessary preparations for a new form of government.
For a plebiscite to be held in 2004, the process of amending the Charter must take place not later than next year, according to Nachura. He said this was possible if the approved mode of amending the Charter would be through a constituent assembly, which requires converting the Senate and the House into a body to propose amendments.
Source: Philippines Daily Inquirer, 3 April 2002