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email: joespiritu@eudoramail.com

ChaCha the final step

The Constitutional Assembly or ConAss is dead. The Lower House had approved a resolution convening the House of Representatives as a body to change the Constitution. Because of .the burgeoning resistance from the public sector, the House decided to shelve the resolution until better times. It may be that the public does not trust politicians to change the fundamental laws of the land. It could also be that the move had been favored by President Gloria Macapagal Arroyo, the change will be disadvantageous to all and sundry. They see the move as a ploy to allow politicians to perpetuate themselves in power. Since it will be the Congressmen who will change the Constitution, people are afraid that their worst fears may come true. Nevertheless, that may not be the case.

One of the parties that mourn the decease of the ConAss is the Union of Local Administrators of the Philippines or ULAP. They are the chief executives of towns, cities and provinces. Those people would like to have a bigger say in governance. Power had long been concentrated in the hands of the few. They would like to have direct control of projects that will benefit their constituents. Since the ULAP and Congressmen have the same constituents, they would have something in common, hence their move for charter change or ChaCha is identical.

At first, the ULAP tried to change the Constitution through the peoples' initiative. However, the Supreme Court shot it down stating that there is no enabling law to allow change via that route. Then, the ULAP tried to push the ChaCha via the Constitutional Assembly. The opposition clamored that administration politicians are using the ChaCha to perpetuate themselves in power. They were able to drum up stiff resistance that the Congress blinked. This is strange because once the opposition parties are in the saddle, they could also avail of the same conditions.

At first, the Senate was indifferent to the change. No senator in his right mind would agree to a unicameral government. They would be committing political suicide. However, there are senators, who would be able to be in the government because of their ability and capability. Their constituents would return them to office in any election in any form of government. Only those whose popularity stems from sports or show business would find it hard to be reelected. Anyway, the Senate had agreed to a Constitutional Convention or ConCon but only after election.

Change proponents are not yet sure what system of government will be proposed to the people. The present presidential unitary and bicameral form is no longer responsive as judged by the number of demonstrations found in the streets. The change could either be the US style presidential federal form of government, which is nearest to our present system. This will push decentralization further. The senators may be retained, however, they will be elected by federal regions. That means senators like representatives will have regional constituents. They have fixed tenures and can only be removed for cause.

Then, another proposal will be the English type parliamentary system without a House of Lords. The Prime Minister is a Member of Parliament elected and removed by two-thirds vote of the MPs. Election and removal is easy. The tenure of the Prime Minister depends upon the good graces of the members. Any scandal can cause a change of government. The third option is the German or Canadian type, which is federal parliamentary. Each regional district has its own parliament, whose members can rule depending upon the good graces of their regional MPs. Regions elect MPs to the federal government.

Change had been proposed but those who oppose do not knowing what or why. The ULAP has its reasons. Opposition lawmakers oppose because they might not be able to win if conditions are changed. Just like when they had known the answers, the questions are changed. There are those who oppose because they will lose their privileged position. Religious sectors fear to lose their tax-free privileges. They who could not police their own ranks would like to dictate how the powers are to be wielded.

The ULAP is pinning their hopes on the Constitutional convention the process will be slow and tedious but at least there will be time for information dissemination. Even advanced countries do change their Constructions from time to time. Democracy is a great experiment. To change is to progress.
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VOLUME XXI No. 23
Tagbilaran City, Bohol, Philippines
December 17, 2006 issue