‘ Trust’ issues

As we marked the 36th anniversary of our country’s Constitution ratified on Feb. 7, 1987, we are again seeing latest moves to amend the basic laws of the land. The Charter change (Cha-cha) discussions have been initiated by certain leaders of the 19th Congress. Several of them notably are the same old faces who led the attempts in the past to get the Cha-cha rolling but failed.

Like many other scholars and think tank groups, experts in Constitution, economists, lawyers and political science experts continue to be deeply divided on the Cha-cha issues. In our Kapihan sa Manila Bay news forum last Wednesday, like-minded constitutionalist and a political science professor, however, concurred with each other that now is time to give the final push to the much-needed amendments of the country’s 1987 Constitution.

University of the Philippines (UP) Professor Clarita Carlos, currently the Chief Policy Adviser on National Security and other Affairs at the House of Representatives, and former Finance Secretary Margarito Teves agreed to the urgency of removing the existing “very restrictive” provisions of the Philippine Constitution so that more foreign investments come into the country.

Recently resigned as National Security Adviser of President Ferdinand “Bongbong” Marcos Jr. (PBBM), Carlos is now the chief adviser of House Speaker, Leyte Rep. Ferdinand Martin Romualdez. On the other hand, Teves was then Negros Congressman before he was recruited to join the Cabinet of former President and currently senior House Deputy Speaker Pampanga Rep. Gloria Macapagal-Arroyo.

Speaker Romualdez and Mrs. Arroyo are among the principal movers behind the renewed Cha-cha deliberations in the 19th Congress.

PBBM though has not made yet any categorical stand if he will support or not the latest Cha-cha initiatives. In a reception he hosted at Malacañang to mark the Constitution Day, the President acknowledged the work of Speaker Romualdez in leading the Philippine Constitution Association (PHILCONSA) on the promotion of the importance of the country’s Charter.

Through these years however, “trust” issues have bedeviled the past Cha-cha attempts, Carlos and Teves conceded.

Both noted Filipinos largely do not trust their elected Senators and Congressmen to be convened as Constitutional Assembly, or Con-Ass. This mode allows Congress to convene as a body to tackle the proposed amendments.

For her part, Carlos recommended an elective Constitutional Convention, or ConCon, to address “trust” issues. According to Carlos, this is the direction being taken by the House under the leadership of Speaker Romualdez whom she quoted telling her: “This is the pulse of the public.”

She is recommending though a hybrid elective ConCon wherein the members will be elected by congressional districts representing each of the current 256 district members of the Lower House. According to her, she presented this option during the meeting called by the Speaker last week at the Batasang Pambansa in Quezon City.

The Senate was represented by neophyte Senator Robinhood Padilla as the chairman of the Senate committee on constitutional amendments and revision of codes. Rep. Rufus Rodriguez of Cagayan de Oro City, who chairs the House committee on constitutional amendments, led the congressional panel. Subsequently, Padilla filed Resolution of Both Houses No. 3 for Charter change through ConAss but which both chambers of Congress voting separately.

Under this Joint Resolution No. 3, the Senate and the House – by a vote of three-fourths of all members, with each chamber voting separately – will tackle amendments to Sections 2, 3, 7, 10 and 11 of Article XII; Section 4(2) of Article XIV; and Section 11 (1) and (2) of Article XVI. Political provisions, including the terms of elected officials, are not included in this Resolution.

A member of the defunct Constitutional Convention that drafted the 1971-1972 Constitution, Teves vows to help his former colleagues in Congress to get through the latest Cha-cha bills. In particular, Teves committed the Forum for Economic Freedom (FEF) where he is among advocates for Cha-cha seeking to lift the ownership limits and other contentious economic restrictions embedded in the 1987 Constitution.

“Based on our review and assessment, we believe that the 1987 Constitution must be amended ... but limited to removing its restrictive economic provisions,” Teves cited. “The Constitution must be amended because there are provisions there that are no longer attuned with the current times,” Teves underscored.

In other countries, Teves pointed out, the amendments of their respective Constitutions were being done already by way of legislation. Doing it this way, he stressed, is not only less divisive and cost-effective, but the most expeditious of doing the specific, targeted amendment. In this way, Teves explained, the provisions stay the same unless and until the Congress passes a law to relax the existing specific restriction.

This was the same tack attempted during the 16th Congress of amending the Constitution through the inclusion of the phrase “unless otherwise provided by law” to selected restrictive sections. Then Speaker, Quezon City Rep. Feliciano “Sonny” Belmonte authored this Joint Resolution during the term of Mrs. Arroyo when the Lakas-CMD was the ruling majority bloc.

Carlos backed the easing of economic provisions which she largely blamed for “hindering the flow of foreign capital” into the Philippines. “Time is changing and economies are interconnected,” she stressed. “You would see that when ‘America sneezes, we catch a cold or flu.’ We have to use that metaphor.” In short, she argued, becoming part of the global community.

Both Carlos and Teves underscored the “timing” to carry out Cha-cha must be done not later than the first half of the term of PBBM. Perhaps, while still popular with the 31 million Filipino voters. Burdened by “trust” issues, could PBBM’s popularity stock carry the ball for Cha-cha?