i Report Issue No. 3 2005 - Philippine Center for Investigative ...
i Report Issue No. 3 2005 - Philippine Center for Investigative ...
i Report Issue No. 3 2005 - Philippine Center for Investigative ...
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
C H A R T E R C H A N G E<br />
chances are our lawmakers will<br />
write a more regressive constitution<br />
than the one we already<br />
have. How can a body that has<br />
benefited so much from the<br />
system be expected to re<strong>for</strong>m<br />
it? The legislature has not even<br />
passed long-standing proposals<br />
<strong>for</strong> political and electoral re<strong>for</strong>ms<br />
that would, among others, place<br />
a ban on party switching, provide<br />
subsidies <strong>for</strong> political parties, and<br />
regulate campaign finance.<br />
QUICK FIXES<br />
The real impetus <strong>for</strong> the drive to<br />
change to a parliamentary system<br />
is that the trapos are threatened<br />
by the rise of media and movie<br />
celebrities and their possible<br />
dominance of the commanding<br />
heights of political power<br />
in the <strong>Philippine</strong>s—the Senate<br />
and the presidency. The quick<br />
fix they propose to this is quite<br />
simple: establish a unicameral<br />
legislature (thereby doing away<br />
with the Senate) and changing to<br />
a parliamentary system (thereby<br />
eliminating a president elected<br />
by popular vote).<br />
But the problem with beginning<br />
what Arroyo calls “the<br />
great debate on charter change”<br />
is that it could also open the<br />
floodgates <strong>for</strong> real re<strong>for</strong>ms that<br />
would threaten trapo power.<br />
And so when the president said<br />
she preferred cha-cha through<br />
con-ass (constituent assembly),<br />
de Venecia was clapping wildly.<br />
It meant a process that could be<br />
contained, as the speaker and<br />
his allies had contained similar<br />
processes in the past, within the<br />
halls of the legislature.<br />
The parliamentary system as<br />
envisioned in House Concurrent<br />
Resolution 004 passed earlier<br />
this year will pave the way <strong>for</strong><br />
trapo consolidation of political<br />
power vis-à-vis celebrities and<br />
the middle-class, modernizing,<br />
and re<strong>for</strong>mist elements that have<br />
managed to crash into the halls of<br />
power since 1986. This proposal<br />
does away with party-list, sectoral,<br />
or proportional representation.<br />
Term limits are similarly removed,<br />
while each term of elected officials<br />
will be four years instead<br />
of the current three. All members<br />
of a unicameral parliament will<br />
be elected at the district level,<br />
meaning that the power base of<br />
political families, which lies in<br />
single-member legislative districts,<br />
will remain unchallenged.<br />
In the face of resistance<br />
to the idea of constitutional<br />
re<strong>for</strong>ms, the president subsequently<br />
said she would also<br />
<strong>for</strong>m a citizen’s commission on<br />
charter change. This, as well<br />
as pressure from the outside,<br />
could <strong>for</strong>ce Congress to make<br />
more progressive constitutional<br />
changes. After all, the proposals<br />
<strong>for</strong> constitutional re<strong>for</strong>m of the<br />
likes of scholar Jose V. Abueva<br />
advocate more far-reaching<br />
changes that lie beyond the<br />
imaginings of de Venecia and<br />
his allies. (See table showing a<br />
comparison of various proposals<br />
<strong>for</strong> constitutional change.)<br />
The citizen’s commission,<br />
however, is largely intended to<br />
generate popular backing <strong>for</strong> the<br />
notion of charter change. As the<br />
May <strong>2005</strong> survey of the Social<br />
Weather Stations indicated, only<br />
about a third of Filipinos were<br />
open to the idea of cha-cha.<br />
Such indifference is also<br />
the reason why the president<br />
has endorsed a federal <strong>for</strong>m of<br />
government, which has wider<br />
support from various sectors<br />
around the country. (See “Voices<br />
from the Periphery.”) In comparison,<br />
the proposed shift to a<br />
parliamentary system has been<br />
met with far more skepticism<br />
and suspicion.<br />
THE GREAT DEBATE<br />
But all this is speculative. The<br />
main obstacle that faces cha-cha<br />
now is the Senate. Unless the<br />
Senate agrees to a con-ass, it will<br />
never happen. So far, it doesn’t<br />
seem likely that the Senate is<br />
willing to dance to the cha-cha<br />
beat. The reason is plain to see:<br />
many senators have presidential<br />
ambitions and are not about<br />
to abandon these, or <strong>for</strong> that<br />
matter, their powers and privileges<br />
as members of the “Upper<br />
House.” Moreover, many of<br />
them are looking <strong>for</strong>ward to the<br />
impeachment, if only because it<br />
will provide the senators more<br />
television time than a dozen<br />
high-profile “investigations in<br />
aid of legislation.” They would<br />
thus likely prefer to go through<br />
the impeachment trial first, be<strong>for</strong>e<br />
even discussing cha-cha.<br />
Despite this, the charterchange<br />
proponents remain<br />
hopeful. Ramos, <strong>for</strong> example,<br />
has proposed a fast track to<br />
cha-cha that would allow a<br />
referendum on the constitution<br />
in early 2006. The House timetable<br />
proposed by the likes of<br />
Rep. Constantino Jaraula sees a<br />
referendum taking place the second<br />
quarter of next year. Both,<br />
however, see a new parliament<br />
in place by 2007. This is also<br />
the graceful exit option <strong>for</strong> the<br />
president: she bows out of office<br />
and is home free of the charges<br />
she now faces.<br />
But this <strong>for</strong>mula will work<br />
only if the president is genuinely<br />
willing to cut short her term<br />
and to push <strong>for</strong> charter change<br />
as a real option, rather than as<br />
a diversion from impeachment.<br />
If cha-cha is the delaying tactic<br />
Arroyo critics say it is, then the<br />
president could just be stringing<br />
Ramos and de Venecia along.<br />
Joel Rocamora of the Institute<br />
<strong>for</strong> Popular Democracy points<br />
out that the president knows<br />
very well that by next year, legislators<br />
would be too consumed<br />
by preparations <strong>for</strong> the 2007<br />
elections <strong>for</strong> them to pay too<br />
much attention to constitutional<br />
changes. If cha-cha is delayed<br />
beyond 2007 and she is not<br />
impeached, then Gloria Arroyo<br />
remains president until 2010, he<br />
says. This is precisely the kind<br />
of brinksmanship game that Arroyo<br />
likes to play, say those who<br />
know her well.<br />
Some cautionary notes as the<br />
great debate begins: in a country<br />
with a sophisticated and resilient<br />
political elite, institutional<br />
change or shifts in the <strong>for</strong>m of<br />
government may not change<br />
very much. Our elites have<br />
shown great capacity <strong>for</strong> reinventing<br />
themselves. They adapt<br />
easily to new political circumstances<br />
and have mastered how<br />
to talk the talk of re<strong>for</strong>m, without<br />
actually walking the walk.<br />
The flaws of our political system,<br />
there<strong>for</strong>e, can be remedied<br />
not merely through a change in<br />
institutions; re<strong>for</strong>ms should include<br />
measures that would open the way<br />
<strong>for</strong> major changes in the kinds of<br />
people elected to public office. If<br />
the same families dominate political<br />
power, then nothing changes very<br />
much. If the trapo political culture<br />
of patronage and spoils remains ascendant,<br />
then it will be more of the<br />
same. The cha-cha rescue remedy<br />
could end up a mere placebo that<br />
provides temporary relief but not a<br />
lasting cure.<br />
PROPOSALS FOR CHARTER CHANGE<br />
Proposal of Jose V. Abueva*<br />
Bicameral Parliament,<br />
with Upper House<br />
composed of representatives<br />
chosen from states<br />
assemblies<br />
80% of about 300 Lower<br />
House seats elected by<br />
single-member districts;<br />
20% by proportional<br />
representation<br />
Prime minister as head of<br />
government, elected by<br />
Parliament; <strong>for</strong>ms Cabinet,<br />
mostly from members<br />
of Parliament<br />
President as symbolic<br />
head of state, elected by<br />
Parliament from among its<br />
members<br />
Federal government to be<br />
installed 5-10 years, with<br />
11 states. Federal government<br />
to have powers over<br />
defense, <strong>for</strong>eign relations,<br />
currency & monetary<br />
policy, human rights and<br />
Supreme Court & Court of<br />
Appeals. All other powers,<br />
including taxation, to be<br />
devolved to states.<br />
House Proposal**<br />
Unicameral Parliament<br />
called the National Assembly<br />
All seats to be elected by<br />
single-member districts,<br />
assembly members to serve<br />
4-year terms, no term limits<br />
Prime Minister as head of<br />
government, elected by<br />
Parliament; <strong>for</strong>ms Cabinet,<br />
majority of which should be<br />
from Parliament<br />
President as symbolic<br />
head of state, elected by<br />
Parliament from among its<br />
members<br />
Federal government to be<br />
installed in 10 years, with<br />
the National assembly to<br />
decide how many independent<br />
states there would be,<br />
and their powers<br />
Coalition <strong>for</strong> Charter Change <strong>No</strong>w***<br />
Unicameral Parliament<br />
300 seats in Parliament, 240 <strong>for</strong><br />
district representatives, 60 <strong>for</strong> partylist<br />
representatives serving 5-year<br />
terms. <strong>No</strong> party-switching 1 year<br />
be<strong>for</strong>e election. Only those who are<br />
members of a political party <strong>for</strong> at<br />
least 1 year are qualified to run.<br />
Prime Minister as head of government,<br />
elected by Parliament; <strong>for</strong>ms<br />
Cabinet, majority of which should be<br />
from Parliament<br />
President as symbolic head of<br />
state, elected by direct vote <strong>for</strong> a<br />
5-year term<br />
Federal Parliament to enact a law 1<br />
year after new constitution, to create<br />
11 states, most of which will be<br />
established within 5-6 years. Federal<br />
government to have powers over<br />
defense, <strong>for</strong>eign affairs, currency,<br />
<strong>for</strong>eign trade, public debt, transport<br />
& communications. All other powers,<br />
including taxation, given to states.<br />
*Abueva is on the board of the Citizens’ Movement <strong>for</strong> a Federal <strong>Philippine</strong>s and has been named<br />
member of a citizen’s commission on constitutional re<strong>for</strong>ms that will be convened by the government.<br />
** The House proposal is contained in House Concurrent Resolution 004 filed earlier this year. According<br />
to Rep. Constantino Jaraula, this resolution will be the basis of discussions to be undertaken<br />
by Congress once it is convened as a constituent assembly to amend the constitution.<br />
*** The Coalition is nongovernment, but its members are closely associated with House Speaker<br />
Jose de Venecia.<br />
PHILIPPINE CENTER FOR INVESTIGATIVE JOURNALISM<br />
I REPORT<br />
23