Constitutional change
September 10, 2021
IN last week's column I mentioned that some provisions of the Constitution like the party-list system and the anti-dynasty sentiment should be revisited. We have seen that in their present configuration in our society these two provisions have been manipulated to result in undemocratic and exclusive benefits for the very people already holding political power, shutting out the rest. Ironically, this is the class that the party-list and anti-dynasty provisions are meant to remove and make room for others. A travesty of the intent of the Constitution has been made, which cannot be left as it is.
Recently, the House of Representatives tried to pass certain economic provisions to amend the Constitution, but the Senate was not interested. Every so often a proposal for constitutional amendments is presented and shut down, usually by people in office.
There have been appeals during various administrations after 1987 to amend the Constitution of that year. We have had three constitutions in our history - the 1935 Constitution in the Commonwealth era, the 1973 Constitution during Martial Law and the 1987 Constitution after the EDSA Revolution.
It seems as we speak that there are organizations of citizens out there who are seriously pursuing amendments to the Constitution or even a new constitution from a people's perspective, aside from a few members of Congress. It may be germane to mention here that the 1935 Constitution was made by an elective assembly of citizens who were not all necessarily politicians. The 1973 Constitution was done by an elective assembly, but it was under Martial Law, which dilutes its standing as representative of a society's wishes. The 1987 Constitution was drafted by a commission consisting of appointed members who reflected the administration of the time.
Constitutions are the bedrock of laws and government procedures. They are considered the foundation of a society's way of governing and living. There is expected to be a certain sacredness, impermeability and timelessness in them.
But sometimes they need to be reviewed, particularly if new conditions and new problems come after they were adapted. The United States Constitution, famed and emulated as it is from the day it was formulated, has had many amendments over the years in keeping with the times.
Here there is a people's organization called Tanggulang Demokrasya (Tan Dem) that is a proponent for adopting a whole new constitution. They have come up with a crowd-sourced draft together with another group, Publicus Asia (a registered lobbying and campaigns group). The Tan Dem draft is a 10-page document that it claims would strengthen and defend our democracy. Tan Dem was organized in 2010 under the guidance of Romeo J. Intengan, the Jesuit activist, who devoted his life to fighting for an inclusive Philippine society. Tan Dem's crowd-sourced draft is from 2012.
This proposed constitution as drafted features a parliamentary democracy, transparent automated elections (they support the hybrid electoral system) and new economic, political and social reforms. It is entirely new and recalls our current constitution basically only through the same language and terms. But it is completely different.
Among their minor proposals
is the lifting of restrictions on the entry of capital into the country for job
creation, price reduction and tax generation subject to safeguards.
The government it envisions
is one of collegial rule with power vested in a National Assembly and local
councils, including regional empowerment where the decision-making is from the
bottom up and not top down. It has detailed its proposals for a complete change
of governance.
The point is that there are
people-oriented, mass-based organizations that are not happy with the form of
governance in this country today. Opportunities, they say, are limited for the
general citizenry and skewed towards the elite - politicians, big business,
some institutions. Our leaders are more interested in keeping themselves in
office than governing for equality or the future for which there is very little
interest in making changes in governance. Too much power is vested in certain
offices without the necessary use of checks and balances. The constitutional
reformers want a system change which they say will result in culture change. It
sounds easier said than done even with a new constitution. In other words,
there exists a demand for revision, addition or more explicit provisions for
the constitution that make for more equality and opportunity for the general
public.
While there are these
sentiments and organized efforts for constitutional change, it must be realized
that it would take a long, drawn-out effort to arrive at a new constitution, or
even some crucial amendments. To be genuine and widely accepted, an elected
constitutional assembly should be formed to undertake the amendments and not
our current legislators making themselves as such.
Moreover, in the present
conditions of political crises and polarization, moving towards something that
demands unity to compose is not easily done. Patience, stamina, longevity must
be present, and the right time for them.
But certainly, it is time in
the coming elections to bring up the need for constitutional change and reach
out to candidates for office to convince them that constitutional change is
needed. The candidates should be made to think about Charter change. It would
be the first step towards getting there.
Perhaps amendments rather
than a totally new constitution is the way to go when things calm down to
post-pandemic, normal economic times. We need to catch up from the present
crisis just as much of the world has to.
But we must always keep an
open mind for reform, for inclusion and for a better society. It can help to
amend/change/reform our basic law accordingly in the right time of awareness,
calm and introspection. And the main proponents should be ordinary citizens
expressing the will of the majority. And they should be heard.
https://www.manilatimes.net/2021/09/10/opinion/columns/constitutional-change/1814137
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