Pop 2010 Poolitikang Pinoy 2010

Informed Engagement. Reformed Ballots. PoP 2010 Poolitikang Pinoy 2010 Volume 1 · Issue 3 · November 2009 Spotlight Who Wants Cha Cha? Four presidential aspirants bare stands on constitutional amendment or charter change Last July, the House of Representatives passed House Resolution 1109 calling on the Congress to convene itself into a constituent assembly for the purpose of amending the 1987 Constitution. The controversial bill sparked intense debate and ignited resistance from various groups – movements, political experts, even public officials. Before HR 1109, there had been numerous attempts to change the Constitution since the time of former president Fidel Ramos. There is a sound indication that though charter change will not happen before 2010, the Cha Cha debate is far from over and it still is a significant issue that the presidential contenders must address. Knowing a presidential candidate’s stand on this issue is important before we make our choice who to vote for. Their position reflects how they view the significance of the Constitution, as an institutional-legal framework, in achieving the goals and objectives of government. Teodoro: Change our ‘reactive’ if given the chance to propose amendments on whether Cha Cha should be undertaken Constitution to the Constitution, are “those concerning or not. He proposes that a referendum be autonomous regions, and foreign ownership conducted to ask the people whether they of lands and corporations.” He is not in want ChaCha and what specific provisions they Of the four key presidential candidates, it is favor of shifting to a parliamentary form of want changed. He further said that once the Defense Secretary Gilbert ‘Gibo’ Teodoro who government because he recognizes the great new Charter has been prepared, the people has categorically expressed support for Cha possibility of resistance from the people must again be asked to approve it in detail and Cha. (them not being able to elect the head of not just present to them the general terms the government). Instead, he proposes a because, according to him, “…even periods, In his own words: “…oras na manalo ako, transition to a presidential unicameral form commas or hyphenations in the Constitution hihikayatin ko ang Kongreso [na] mag-Charter of government. On the issue of federalism or matter”. Change tayo [sa pamamagitan ng] Con- extending the local autonomy, Sec. Teodoro Con” (If I win, I will encourage Congress to said that Congress should be given authority to Sen. Escudero, who chairs the Senate undertake charter change via a Constitutional decide whether a region or a local government Committee on Constitutional Amendments, Convention). He said he has been in favor of unit is ready for greater autonomy. He also has yet to present the specific changes in the amending the Constitution since he started his wants to loosen the restraints on economic Constitution that he will support if Cha Cha term as a congressman of Tarlac. provisions to encourage foreign and domestic pushes through. Although he was a signatory investments. to Senate Resolution Number 10, authored Sec. Teodoro said he finds the 1987 by Sen. Aquilino Pimentel, which seeks the Constitution ‘reactive’ or ‘reactionary’. He The other presidentiables are against Cha Cha transition from a unitary to a federal State, observes that its main purpose, which was “the before 2010. Their position, however, on Cha Sen. Escudero qualified that he signed the removal of the vestiges of the Marcos regime,” Cha per se is not as clear-cut. Resolution with “reservations on the mode and has already been served. Sec. Teodoro is not in timing”. He made other statements that further favor of piecemeal legislation as this does not complicated his position on Cha Cha. He said, favor sustainability. For him, the purpose of Escudero: Resolve first the Cha for instance, that the country’s problems stem Cha Cha can only be achieved by changing the Cha debate from the poor implementation of the laws very framework of our institution. Sen. Francis ‘Chiz’ Escudero only went as far and that changing these set of laws will not address these problems. The specific changes he wishes to focus on, as proposing a way to resolve the debate 2 PoP 2010 Villar: Ok to Cha Cha following legal process and public Isyu-Sera approval Sen. Manuel ‘Manny’ Villar, Jr., meanwhile, expressed that he has no problem with Electoral Reform Through Cha Cha as long as it observes the standard process. “Basta tama lang ang proseso, wala akong problema dyan” (As long as it follows Charter Change: A Critical the process, I’m ok with it), he said. However, he opposes any change in the Constitution Issue in 2010 before President Arroyo steps down, so as not to make the motivation of its proponents Electoral practice in the Philippines is vulnerable, flawed, and thus, highly problematic questionable. In fact, he filed Senate Resolution – a crisis that threatens the very foundation of Philippine democracy. We find so many 599, which labels HR 1109 ‘unconstitutional’. He interconnected dilemmas stemming from this inefficient and vulnerable electoral system, all also accused that its proponents only proposed of which lead to contentious elections and illegitimate results. the amendment to the Charter’s economic provision as a way to get more support for Cha More fundamentally, we have an electoral system that allows undemocratic practices to Cha. persist. We witness electoral fraud at various levels - disenfranchisement of qualified voters, registration of unqualified voters, dagdag-bawas, vote buying, ballot box snatching and/ While Sen. Villar said he will go for Cha Cha if the public wants it, he has yet to identify or destruction, and falsification of election documents (ballots, ERs, CoCs, etc.). What we what provisions he would like changed. He have now is systematic electoral cheating that also involves the institutions that should has given his pre-conditions (i.e., following supposedly protect and uphold the clean conduct of elections. In recent years alone, a the legal process and public approval), but is Commission on Elections (COMELEC) commissioner was involved in an election scandal; not really advocating any specific changes at some members of the military and police force became instruments of political violence the moment. He said that what is important and intimidation; and campaign finance and election guidelines were circumvented, if not is leadership – what we need is a leader heavily abused. with good managerial skills. He added that regardless of the system of government, Election violence also persists, with an underperforming government that fails to prevent presidential or parliamentary, it will function violent means of contesting or attaining power. In the past national and local elections, efficiently if the leader is efficient. there were a total of 121 deaths and 176 injured, while 2 persons were reported missing (IPER 2007). Aquino: Make sure first that we really need Cha Cha Cha Cha Train to Electoral Reform Sen. Benigno ‘Noynoy’ Aquino III, son of If we are to address this problem, important institutional reforms are called for. former president Cory Aquino, wants to have constitutional debates and consultations first The 1987 Constitution installs an electoral system that is unstable, susceptible to error to ensure that a revision of the Constitution and unfavorable to true democratic deepening. Three inherent constitutional flaws is indeed necessary. He said: “Bago po natin lead to contentious, erroneous and vulnerable elections, which fosters undemocratic guluhin ang lipunan, manigurado tayong and patronage-based politics: (1) Minority president and the ‘first-past-the-post’ type of kelangan nga natin iyon” (Before we further elections, (2) Weak multiparty-system, (3) Weak election administration system under the mess up our society, let’s make sure first that COMELEC. we really need charter change). If the public approves of Cha Cha, Aquino believes that the proper way to do it is through a Constitutional Minority Presidents Convention, and it should not be done anytime before the 2010 national elections. He stated Experts say that the multi-party system mandated by the 1987 Constitution is nearly that a ‘social contract’ must be upheld if we incompatible with a majoritarian, ‘first-past-the-post’ type of electoral system as it results amend the Charter, limiting the changes to in minority presidents. A minority president is a president who won the most number of certain provisions only. votes among the candidates but failed to garner votes from more than half of the voting public. Because there are so many political parties, each having their own candidate Sen. Aquino further expressed his apprehension vying for the presidency, it is virtually impossible to have a president elected by the about Cha Cha, which can cause disruptions majority. In fact, all presidents elected after the inception of the 1987 Constitution (Fidel in the system, especially in the economy, Ramos, Joseph Estrada and Gloria Macapagal-Arroyo) were minority presidents. Having a during the process of Charter amendment. For minority president weakens the very foundation of democracy and renders the elections instance, he said, investors may put on hold problematic, for the winning candidate was not elected by the majority (majority decision their investments until the amendment is done. is the essence of democratic representation). The Office of the President, thus, is inherently Given the possible disruptions it may cause, it is under a crisis of legitimacy: if majority of the voters didn’t vote for the president, do we crucial, he said, to assess whether the benefits really consent to his/her rule? of Cha Cha will outweigh the costs. PoP 2010 3 This also poses a governance problem. The elected president would only have a small base of support. This effectively makes it harder for the president to enact his or her agenda. Would s/he then be able to perform the mandate supposedly given to him/her as the representative of the people? The ‘first-past-the-post’ type of electoral system also makes election fraud, manipulation and other illegal means the most viable methods to win the elections.

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