The Cha-Cha Beat
“It is time to start the great debate on charter change. The sooner, the better.” This was President Arroyo’s most quoted statement in her 2005 State-of-the-Nation Address last 25 July. A year earlier, she asked Congress to work on charter change, but the measures filed on this subject even during the Ramos administration failed to gain ground.
But President Arroyo would not lose focus. On 19 August 2005, she issued Executive Order No. 453 creating the Consultative Commission (Con-Com) to review the present charter. On 15 December, the 55-member Con-Com chaired by former University of the Philippines president Jose Abueva submitted its report based on a nationwide campaign and consultations. The consultations were held simultaneous with the House deliberations on Concurrent Resolution No. 26, calling the Senate and the House to constitute themselves as a Constituent Assembly to introduce amendments to the 1987 Constitution. The House approved the resolution on 29 November.
The 1987 Constitution provides for three ways by which it can be amended:
Constituent Assembly. Requires three-fourths of all members of Congress to amend the Constitution. It is not clear whether the House of Representatives and the Senate will vote separately or as one in initiating the process.
Constitutional Convention. Requires two-thirds of all the members of Congress or initiated by a majority vote of all members of Congress. The calling of such a convention will be submitted for the electorate’s approval. It is not clear whether the House of Representatives and the Senate will vote separately or as one in initiating the process.
People’s Initiative. Amendments shall be directly proposed by the people upon a petition of at least 12% of total registered voters representing 3% of all registered voters for every legislative district. Amendments shall be valid only when ratified by a majority vote in a plebiscite.
The Con-Com report submitted to the President will be forwarded to the House as recommendatory measures.
Following are some of the major recommendations of the Abueva committee:
- Synchronize elections starting 2010 as the country shifts towards a parliamentary-unicameral system and a federal form of government. All elected officials shall then extend their terms under an interim Parliament. The members of the Senate and the House shall be automatic members and will elect by a majority vote the Prime Minister. The President will be the head of state and the head of government of the interim Parliament, and appoints the new Cabinet from the members of the Parliament over which he or she has supervision. The President will also have supervision over the Prime Minister.
- Elected officials shall serve for a term of five years with no term limits. Both the President and the Prime Minister will come from the Parliament. An additional requirement for a member of Parliament is to be at least a college graduate.
- Following the 2010 elections, the President shall be the head of state. The Office of the President shall enjoy fiscal independence and together with the Prime Minister shall be immune from suit during their tenure.
- The Prime Minister appoints the members of the Cabinet, at least three-fourths of whom shall come from the Parliament. They may be removed from office at the discretion of the Prime Minister. He shall also nominate, and with the confirmation of the Commission on Appointments, appoint the following: Chief Justice and members of the Supreme Court and lower collegiate courts; the Ombudsman and his deputies; chairmen and members of the constitutional commissions; ambassadors, chiefs of mission, and consuls-general; and Chief of Staff down to the commanders of the major services of the Armed Forces and the Philippine National Police.
- There will be a 10-year transition period towards a federal government. The country will be divided from provinces to barangays, which shall enjoy local autonomy. There shall also be autonomous territories, such as the Autonomous Region in Muslim Mindanao, which shall eventually constitute a federal state. This provision is aimed to strengthen the local governments by empowering them to create their own sources of revenues and providing them their share in the national taxes.
- In the economic front, the Consultative Committee proposes the further opening up of the economy to foreigners. The state may enter into contracts with corporations fully owned by foreigners instead of the original 40% provision. Restrictions on the exploration, development, and utilization of natural resources of the country by foreigners will be lifted to allow them full ownership of corporations, provided that it is in joint venture with the state. They are also allowed ownership of businesses relating to advertising and mass media, large-scale public utilities and educational institutions (colleges and universities). Alienable lands of public domain, which would be limited to agricultural lands, may be held by private corporations including foreigners through lease. Land ownership by foreigners, however, shall be a matter of reciprocity. The terms of contracts and agreement shall be determined by the Parliament.
As expected, the proposal did not get a warm welcome in the Senate. The senators argue that the Con-Com, whose members were chosen by the President, does not represent the people. While they are not against amending the Constitution, the senators prefer to amend the Constitution through a Constitutional Convention. Others think that charter change is the avenue which will pave for the President’s graceful exit, considering the vast powers vested on the President especially during the interim Parliament. The senators also argue that the principles of separation of powers and checks and balance are diminished with the role of the executive in the appointments of the members of the judiciary.
The Con-Com’s proposals may have bridged the gap between the parties divided by charter change issues.
President Arroyo may succeed in getting the support of the House in initiating the reform, but the issue will not prosper without the Senate’s approval. The next hurdle is a plebiscite that should ratify the proposed changes. Given the recent Pulse Asia survey that said 55% of Filipinos do not favor amending the 1987 Constitution, it may be a long haul for charter change. Another 35% are not in favor of it now but are open to it in the future, while the other 20% are not in favor of having any changes at any other time.
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