EDITORIAL - Reviving Cha-cha

It looks like Charter change will finally get underway in the coming year, with both chambers of Congress giving priority to rewriting the Constitution. It will be the first time that the Charter will see changes since its ratification in a plebiscite in 1987.

Critics have made known their stand on this issue for a long time, since the first Charter change attempt was launched during the Ramos presidency. The current crop of lawmakers must take those views into consideration so that the revival of Cha-cha will not be a waste of time, effort and government resources. Lawmakers must also see to it that Cha-cha will not divert their attention from the many other urgent matters requiring legislative action.

Charter change is made possible because of the backing of President Duterte, who wants to fulfill a campaign promise to shift to a federal system of government. The plan is controversial, with opponents pointing out that it could reinforce the stranglehold of political warlords on their turfs and encourage more local government units to behave like independent republics.

Where most people agree is the need to amend restrictive economic provisions that have made the country a laggard in attracting job-generating foreign direct investment in this part of Asia. The previous administration had acknowledged this problem. But Benigno Aquino III, echoing the position of his late mother Corazon under whose presidency the so-called Freedom Constitution was crafted and ratified, maintained that Charter change could be avoided and executive orders issued instead to make the country more competitive and attractive to investors.

Aquino had briefly expressed openness to Charter change, as he complained about “judicial overreach” and the need to curb the powers of the Supreme Court. But it was clear that Cha-cha did not stand a chance under his watch.

His complaint is probably shared by President Duterte, whose plan to reimpose capital punishment could run into a solid wall of opposition in the Supreme Court, and whose reproductive health program is stuck in the SC limbo. But there’s no certainty that judicial powers will be covered by the latest move to amend the Charter. There isn’t even any certainty that the public will go along with Cha-cha.

In the meantime, the executive can do its part by implementing policies and issuing orders that will make the country more investment-friendly. There are many such possible moves, which do not require tinkering with the Constitution.