Constitution with the ideals of Rizal

Very early in the campaign for constitutional reform, a group of law professors from five universities in the South wrote this column that one of the immediate advantages of parliamentary over the presidential system especially in the Philippines is outsiders seeking to dominate the country through policy suggestions will have a more difficult time. That outside force will have to persuade a political party which could be any number of persons while in a presidential system, it only needs to deal with one person – the President of the Philippines. Moreover, given our recent political history of EDSAs, paradoxically that person has become more vulnerable or has been made more vulnerable to horsetrading, the staple of high powered diplomacy.

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It will take volumes to relate how we reached this stage of political vulnerability since the unlamented Marcos regime. Suffice it to say, that the game for political survival given an economy in extremis is tit for tat. That sort of game is difficult to push in a collegial set-up such as a parliamentary system. That explains the reluctance to bring the matter of a mutual logistics agreement with the US to the Senate. Once the principle was established that the issue of the MLA was administrative, it became a matter for the Executive to decide. But it gives a good clue on a strategic intent. No amount of gnashing and anger from those who would have preferred a different foreign policy approach would have mattered. The question was already decided upon and this was possible because of a system that places too much power of decision-making on one person, the President of the Philippines.

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While different views can be expected in constitution-making, it is important to concede to some ground rules. For example the debate on modality and timing. The choice is between groups who advocate broad participation by the ‘people’ through constitutional convention in 2004 on one hand and Congress which compose of democratically elected representatives of the people and elected for the task of seeking amendments to the Constitution in a constituent assembly on the other. Between the two, Congress has precedence. It is between those who have a dubious claim to ‘represent’ the people against those who have been elected to ‘represent’ the people. Unless we have decided to disenfranchise Congress and bypass the Constitution. Then we are into a rule of the mob. I do not know how tenable the position of the Senate will be if it continues to defy its duty to form a constituent assembly. It becomes even more reprehensible that known presidential aspirants in the Senate for 2004 are the most vociferous opponents of constitutional reform now. Groups presenting themselves as ‘civil society’ do not have the following that could justify the demand to bypass elected officials.. On the other hand, Congress with its nationwide constituencies has both the moral and political authority to call on, for forming a constituent assembly. Given the grounds-well of support for constitutional reform now, not in 2004, members of Congress carry the burden of obligation. They have to act on their constitutional duty rather than listen to vested interest groups even if these groups arrogantly call themselves ‘our moral leaders’.

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I agree with reader Nicolas C. Maflago who wrote to say he favors a Cha-cha that embodies the ideals of Dr.Jose Rizal – of Filipino honor, dignity and integrity. Indeed a constitution is the soul of a country. He describes these as root causes of the "upswelling desire for governance change from a new generation of Filipinos." He says it would be wrong to dwell on the political dimensions only. It may be true that one parliament is better because it will cost much less than than two legislative houses and one palace but he says there are other factors to consider in the making of a new Constitution. He cites the cultural distinctions of our dialects, habits and native characteristics that remain deeply in the hearts of all Filipinos. The main islands of Luzon, Visayas and Mindanao have centuries-old linguistic diversities that would be better served by a federalist structure. He thinks government officials are corrupt but this is not true only of the Philippines. He blames human nature.

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A new leader for Korea. South Korea’s newly inaugurated president Roh Moo-Hyun brings to the job qualities necessary for the stand-off between North Korea and the US. He is a star lawmaker, and his reputation as a self-made man who suffered through defeat will hold him in good stead for the coming days. The Philippines should be more worried about what happens to the Korean peninsual than what happens to Iraq because it is closer to us and North Korea’s renewed efforts for nuclear capability.

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There is optimism that the Korean standoff will be resolved diplomatically with President Roh determined to keep lines open to his Northern counterpart. There is a story going around that the contretemps between the US and North Korea started from a misunderstanding last October. North Korea’s statements on reviving its nuclear program were misinterpreted but when the US accused it of ‘having a ‘covert uranium enrichment program’ North Korea reportedly decided to overplay the accusation to extract some concessions. Whether it truly had a covert uranium program was not clear. Meanwhile President Bush has already promised what he called a bold initiative for ‘better relations and new aid ‘once the Korean communist regime gives up its nuclear plans. Much depends on President Roh’s reputed skills and popularity with the Koreans especially the youth as a leader for modern times, one able to temper its closeness to US while looking to a future that might unite both North and South into a single economic community.

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Corporate outreach from Singapore Airlines. In a well-attended press conference at the Rockwell Club, Singapore Airlines formally signed a P5-million donation to Bantay Bata for the education of deprived children. This is a good project except I thought more could benefit if infrastructure and administration could be whittled down. This is not a criticism, only a suggestion that the money might have gone a longer way with a more minimalist approach . With sponsors like Singapore Airlines and ABS-CBN Foundation the project would be first class. Unfortunately, in a sea of poverty like the Philippines, Bantay Bata Children’s Village becomes inevitably an island of privilege with its cottages, gardens, ponds and orchards. It may not have been intended that way but Bantay Bata’s approach re-creates privilege. Perhaps instead of villages the money might be used in situ by public schools in poor areas. Still, this column wishes the project well. Congratulations to Singapore Airlines, to David Lau, Philippine SIA general manager, Gina Lopez, ABS-CBN Foundation. Tina Monzon Palma, Bantay Bata 163, Rita Diy, Ping Choon The, and Rick Clements, all of Singapore Airlines.

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