Lawyers’ group bares ‘bribery’ in draft amendments to Charter

A civil liberties group yesterday called the proposed amendments to the Constitution a "bribe" to ensure President Arroyo’s stay in power until 2010.

Lawyers of the Counsels for the Defense of Liberties (Codal) said "shocking" alterations reveal a "pattern of bribery" starting with the controversial plan to suspend elections to extend elected officials’ terms for three more years.

Codal said Vice President Noli de Castro is being offered a Cabinet post under the draft constitution being studied by the House of Representatives to encourage him to support Charter change.

"The proposed constitution seeks to gain the support of Vice President Noli de Castro by assuring him of a Cabinet post under Section 2, Article XVIII on the Transitory Provisions," Codal said.

Codal said the propose amendments also seek to extend the retirement age of all justices and judges by five years from 70 to 75 years old.

"A cause for concern among the legal profession is the threat on the independence of the courts by the sudden increase from the current retirement age of members of the entire judiciary including the Supreme Court in Section 11, Article VIII," Codal said.

The lawyers said under the proposed constitution, members of the Supreme Court, justices and judges of lower courts shall hold office until they reach the age of 75 years old or become incapacitated to discharge the duties of their office.

"Strangely, this increase from the current retirement age of 70 was never explained by the House proponents especially since this was never raised as an issue against the 1987 Constitution," Codal said.

"This is no other than a bribe to members of the Supreme Court who will inevitably tackle the constitutional issue on the constituent assembly and the ratification of the Constitution."

Codal said section 2, of the draft constitution states: "The incumbent Vice President shall automatically become Member of Parliament and of the Cabinet until 2010. He shall preside over the Parliament for the immediate election of the Prime Minister, upon nomination of the incumbent President. Thereafter, the Parliament shall elect the Speaker, and both shall assume their respective offices immediately."

This proposed provision might be interpreted as granting President Arroyo the power to nominate the Prime Minister, making the Prime Minister beholden to her, Codal added.

Codal said De Castro, after presiding for one day over the Parliament, would immediately become an ordinary MP without a constituency, making it difficult for him to successfully run in his district in Mindoro in the 2010 elections.

"The proposed ‘Charter change’ is unpopular according to surveys," Codal spokesman Nero Colmenares said.

"The people believe that Charter change will not solve poverty as long as the system of corruption and subservience to powerful vested interests remains intact."

Colmenares said since the appointment of Cabinet members, under the proposed Constitution, is at the discretion of the Prime Minister, he (De Castro) may not even be assured of a Cabinet post until 2010.

"To circumvent the people’s will, the House majority plans to get support for its passage by providing provisions that have no relations at all in economic and political reforms, but are merely meant to bribe public officials to support the proposed Constitution," he said.

Codal said the draft amendment also allows the reappointment of Commission on Elections (Comelec) members and officials as well as those of the Commission on Audit (COA), the Civil Service Commission (CSC), and the Office of the Ombudsman.

"The proposed Constitution also seeks to get the support of even the members of these offices by deleting the phrase ‘without reappointment’ provided for in the 1987 Constitution which absolutely prohibits their reappointment and replacing it with the innocuous ‘without immediate reappointment’ in Article IX of the working draft," Codal said.

Codal said the draft amendment provides that the Comelec, chairman and commissioners shall be appointed by the Prime Minister without immediate reappointment, allowing the incumbent chairman and commissioners to serve out their respective terms.

"This means that Chairman Benjamin Abalos may be reappointed to the Comelec after he sits out one term after the end of his tenure," Codal said. 

Codal said this "insertion" is without basis, considering that the non-reappointment of officers like the Ombudsman had never been an issue under the 1987 Constitution.

"This will only make members of the Comelec, COA or the Ombudsman, who hope to be reappointed, beholden to the Prime Minister and the ruling party during their first term," Codal said.

Colmenares said this certainly does not augur well for the Filipino people and the nation’s aspiration for a better society.

The proposed constitutional changes could pave the way for an easy declaration of martial law and the re-establishment of US military bases in the Philippines, Codal said.