I didn’t know that last Saturday was “Constitution Dayâ€.February 2 was apparently the 25th anniversary of the 1987 Constitution and I ONLY found out about it when Malacañang issued a communiqué’ on this. In observance of Constitution Day, the Presidential Communications Development and Strategic Planning Office (PCDSPO) had a briefer on the history of our constitutions and a info graphic map of the distribution of delegates to the 1934 and 1971 Constitution. I wish I could access that information so we can see the profile of our constitutional delegates and where they came from.
Strangely, there is no mention about the delegates of the 1987 Cory Constitution, which now begs the question, “Who where the 49 members of those framers of the 1987 Constitution?†I only know of two personalities, former Chief Justice Hilario Davide, Jr. and Fr. Joaquin Bernas. Supposedly, there was a 50th delegate in the person of my mentor Sir Max Soliven, then publisher of Mr. & Ms. then later the publisher of the Philippine Daily Inquirer and finally the Philippine Star.
I still recall that it was the time I was already taken in by Sir Max to be the Star Bureau Chief in Cebu. In a meeting with him 25 years ago, Sir Max intimated to me that he was being considered as one of the 50 delegates to come up with the Cory Constitution, so he asked for my advice whether he should take it up or not? That question endeared me all the more to Sir Max. Here is the publisher of the newly-created Philippine Star, the dean of all columnists and he was seeking my advice on this matter?
Of course I told Sir Max that if he was seeking plans outside of journalism… then by all means he should sign up and be counted as one of the special breed of constitutionalists. But on the other hand, I told him that if he is not giving up his journalistic career for something else, like a cabinet or even an elective position, then he should not accept the offer because for all we know, there might be questions about the constitution that he might not be able to defend as a columnist.
True enough, when the 1987 Constitution was ready for ratification. It was Sir Max Soliven who pounced on its being so long. He used the word “kilometric.†Then in one dinner with our group of friends just before the ratification, Sir Max thanked me for giving him the right advice. Later, when he realized that the Senate was elected at large, which ended up having two Senators coming from one family, he showed his outrage in his columns.
At this point, Malacañang should have used the rare opportunity of their observing the 1987 Constitution’s anniversary as a way of checking out any inherent defects of this charter. Allow me to take a cue from the first columns of Sir Max about the 1987 Constitution that I could never forget since, we wrote about this simultaneously. Yes, we referred to the Cory Constitution as one having a “Martial Law hangover.†Indeed, there was no better way to describe this constitution, where instead of having a two-four year terms for the President, they made it into a single 6-year term.
Worst of all, because of 14-years of one man rule under the Marcos Dictatorship from 1972 to 1986, the 1987 Constitution allowed the return of ugly politics and more politics. Instead of a four-year term for governors, mayors, Provincial Board members or councilors, they shortened it to three, three-year terms of office. So an elective official cannot serve more than 9-years in the same office. Of course, my good friend from the Liberal Party (LP) Councilor Jun Pe is thumbing his nose on this constitutional provision and is seeking another term for the same office in a different district. In my book this is the height of the need and greed for power.
The 1987 Constitution wasn’t properly ratified because the Coryistas did not give the Filipino people a choice. I was with the group of then Vice-President Salvador “Doy†Laurel and the United Nationalists Democratic Organization (UNIDO) the only political party that I formally joined and we wanted to bring back the 1935 Constitution which was arguably the best constitution of this country. But Tita Cory’s group insisted that the 1935 Constitution spawned Martial Law, which was a wrong argument.
As it turned out, the 1987 Constitution also has provisions for the declaration of Martial Law. But its inherent defects like its economic provisions show the need for its revision. That we are still a highly-centralized system of governance instead of a federal system is another major issue. But our senators, being elected at large, is one major question and of course, the anti-dynasty provisions… plus the pork barrel is enough reason to change the charter. Meanwhile there is nothing to celebrate in this constitution’s 25th anniversary, unless Malacañang finally agrees to change the 1987 Constitution.
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Email: vsbobita@gmail.com