In his speech before the Philippine Constitutional Association (Philconsa) the other night, Guingona underscored the need to educate the Filipino people on the process and implications of proposals to amend the Charter in order to change the present presidential form of government to a parliamentary system.
"Many critics of the Constitution, legislators included, want to change this fundamental law. (But) there exist principled mandates in the Constitution that have not been implemented," Guingona said Monday during Philconsa’s dinner ceremony marking Constitution Day at the Manila Polo Club in Makati City.
Guingona noted how the government has failed to fulfill the constitutional provisions that should allow the Philippines to promote a self-reliant economy, implement the prohibition against political dynasties, and promote autonomy for local government units (LGUs).
President Arroyo has said she will continue to push for Charter change (Cha-cha) even after the Senate decided not to tackle a House resolution calling for constitutional convention (con-con) as the mode of amending the Charter.
The House led by Speaker Jose de Venecia tried to push for the measure seeking the election of con-con delegates to be held simultaneously with the May 10 national elections.
The President has expressed favor to a parliamentary or federal form of government.
Guingona however said there is a need to conduct a massive campaign to inform the people of the consequences of the plan to change the form of government to parliamentary.
"While I am open to change — permit me to state that constitutionalists generally agree that for a parliamentary system to succeed, a transition period of reasonable length be observed in order to inform the people about the details of change, not only of the kind of governance, but how it will affect them," Guingona explained.
He challenged Philconsa members to initiate a campaign that would require would-be delegates of the proposed con-con to bare the plans for change to the people.
"Let the candidates for that office bare their platforms of change. Let them engage in wholesome debates. The soul of a constitutional change is true understanding by the people of the proposal for a new framework of governance, and what those changes will mean to them," Guingona, who was a member of the 1971 Constitutional Convention, said.
He also said politicians and their relatives should be prohibited from aspiring to be con-con delegates "because the convention should be insulated as much as possible from partisan politics."
In explaining the provisions in the Constitution left unfulfilled, Guingona lamented that the constitutional mandate for the country to adopt an independent foreign policy has been "breached many times over, knowingly and unashamedly, forgetting that foreign affairs should stem from domestic concerns first and foremost."
"The policy to provide for a self-reliant economy effectively controlled by Filipinos seems lost in the maze of globalization and incentives to foreign investors," said Guingona, who resigned last year as foreign affairs secretary of Mrs. Arroyo over their conflicting views on national issues.
"The supposed safety nets for our farmers and fishermen have not come, and they have become poorer as they see their markets taken over by undue imports and dumped goods," he said.
Guingona also said the constitutional prohibition against political dynasties remain unimplemented because Congress has yet to enact a law to that effect.
The intention of the 1987 Constitution to promote autonomy for LGUs is also not being implemented. Socio-development planning is being done in Malacañang and the National Economic and Development Authority, which are both based in Metro Manila, he said.
"Many times the local government units are not consulted, only taken for granted, except perhaps during elections," Guingona lamented.
"It is men who rid themselves of graft, not the means of governance. They say parliament is faster and more economical. Perhaps. But the experience of many parliaments the world over have shown the paralysis of crisis, exacting more resources and delays," Guingona said.
"A single body could be faster but then the country is deprived of the needed checks, and the faster need not mean better because dictatorship for example is certainly faster but sadder in the long run," he added.
"Whether parliamentary or presidential, the system is man-made, and therefore subject to flaws. Bad system managed by good men can still prove beneficial, whereas bad men steering a good system will most likely result in chaos. We certainly pray that whatever changes we make will not result in bad managers of a bad system. That would mean not defeat — but disaster," Guingona said.