Should constitutional reform be popular?

A big splash has come from the Enrile-Belmonte bill that seeks to steer out of complicated debates on mode and stick to the economic provisions of the 1987 Constitution.

As one of the principal authors of the 1987 Constitution, the Jesuit priest Joaquin Bernas may have come to accept the need for constitutional reform, but realizes it is impossible to amend according to the provisions of the Constitution. So he has come up with a solution and called it “surgical” Cha-cha.

The reform of the economic provisions will be treated like ordinary bills and resolutions and pass through the normal legislative process. For whatever reasons, it is a shift to a radically different solution for constitutional reform. It is a way out of the Constitution’s infirmities on the amendment provision.

President Noynoy Aquino has said publicly it was not a priority of his government, but allies say he is comfortable that it is only surgical and only the economic provisions will be touched.

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At the 2nd round table discussion on Structural Reform at University of Asia Pacific legislators, businessmen and media were invited to speak frankly on what they thought of this new development in the constitutional reform advocacy. There was a lively debate on legislative powers and whether the exercise of its mandate needs executive approval. Can it act regardless of what the executive branch wants? Some said in theory it can, but in practice, no. “It could not be done without President Aquino’s support.” declared one of the legislators present. (I suppose it has to do with the president’s power on congressional funds).

But he followed it up with an interesting clue: he thinks that the president could be persuaded to accept surgical Cha-cha if public opinion were in its favor and had to be proved by a survey. It was immediately put down by a discussant. He said this was a cop-out by Congress if doing its job depended on a survey. Just do it. Well, that is one way of putting it. Another is by starting a nationwide campaign to get wide support for Congress’s surgical Cha-cha.

Personally, I do not agree popularity should be required. In the first place constitutional reform is not a matter for popularity. It is akin to our elections requiring candidates to be popular rather than qualified and meritorious. What are we a representative democracy for if our representatives do not or are not able fulfill their mandate. Surgical Cha-cha as a mode is one thing and referendum is another. The first is an act of Congress and referendum is an act of people’s sovereignty. The latter is when “popularity” is necessary because it can be turned down in a referendum.

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Most of us who have been in the advocacy for constitutional reform for some time now know only too well that it is a very difficult advocacy. While it is clear that we need comprehensive political and economic reforms, we (or at least speaking for myself) have now come down from that perch.  We have learned our lessons.

The most important of these lessons is to how to prioritize on what is doable and possible. Or to paraphrase a favorite Voltaire saying — “we must not let the perfect come in the way of the good”. The good in this case is reforming the economic provisions. With the Enrile-Belmonte bill and the surgical Cha-cha, reform has become possible no matter how limited.

There is nothing wrong with taking constitutional reform step by step. The economic provisions is a good first step because of its urgency. We need to encourage investments to the Philippines to create jobs, improve our social services, raise our standard of education and open up fully to science and technology. This is all with a view to alleviating poverty. The needs of the poor are immediate. It has been postponed too long that is why Filipinos are leaving the country in droves for a better life. But migration is not without cost. It has broken families, children are denied parental care and discipline and encouraged a general breakdown of moral values for the sake of better pay.

Mining in the Philippines, although is seen as the most important big ticket industry that can lift the country out of poverty, is ridden with difficulties for foreign investors. It is particularly disconcerting to be told by foreign investors that the Philippines is one of the countries most endowed with mineral wealth.

The Enrile-Belmonte bill is a small opening that we must take to be in step with countries competing for investments.      

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Speaking of mining I saw an article on a comment made by Jesuit priest Emeterio Barcelon that “open pit mining is safer in extracting minerals than other methods. The story was buried in an inside page, too small to be noticed.

It should be better known and spread out. Fr. Emeterio Barcelon should address this to both bishops and local officials. According to the report he has conveyed the message to the South Cotabato provincial government. Local officials are intimidated when a bishop goes all out against mining even if he is uninformed.

“Tunneling is very risky in terms of safety of the workers and the method has environmental impact that cannot be easily seen since it is underground,” Barcelon said.

Proponents of the proposed Tampakan mining project will do well to continue talking to people, including the bishops of the Catholic Church to help people understand, he added. There have been more accidents using the old method of tunneling. “Communication is the key to make people understand that there will be a footprint but the rest can easily be rehabilitated,” he said.

Barcelon lamented the tendency of townsfolk to just listen to opinions of people in power, like politicians and bishops. They should instead try to study and learn so they can make their own judgements.

“It also happens in the Catholic Church when priests just follow what their bishops say,” he said.

Barcelon explained that the aim is for a balance between the impact and the benefits when we talk of mining.

“I believe that we can achieve balance provided mining is done responsibly,” he said. Like others before him he said the Philippine economy needs the mining industry “if we are to fight poverty and provide jobs for our people. South Cotabato is very lucky to have this rich mineral deposit and they should use it.”