ANALYSIS
Burying People Power
Preventing changes in
government through “People Power” uprisings is among the reasons for the
proposal to shift to a parliamentary system, in which changing governments
will supposedly be institutionalized rather than left to direct people’s
action.
BY CENTER FOR PEOPLE
EMPOWERMENT IN GOVERNANCE
Posted by Bulatlat
constitutional
amendments via a Constituent Assembly are likely to take place
despite Senate resistance. When this happens it will finally put an end to
the progressive legacies of EDSA 1 as these are contained in its most
outstanding achievement, the 1987 Constitution.
Although EDSA 1 as an
expression of People Power has been correctly criticized for its many
failures, it nevertheless did produce a Constitution distinguished by
nationalist provisions, a Bill of Rights that enhanced Constitutional
protection of free expression, and the provision for party-list
representation as a means of broadening the base of the elite-based
political system.
As has been evident
since agitation for amendments was initiated by former President Fidel
Ramos over a decade ago, among the provisions of the 1987 Constitution
being targeted for amendment are paragraph (2), Section 5, Article VI,
which mandates party-list representation in the House of Representatives;
Article XII (National Economy and Patrimony) which among others limits
certain areas of investments to corporations that are 60% Filipino owned,
and prohibits the grant of public utility franchises to corporations that
are wholly foreign-owned; and paragraph (1) Section 11, Article XVI
(General Provisions) which bans foreign ownership of the mass media.
This is in addition
to the oft repeated and already proposed amendments to Articles VI (the
legislature) and VII (The Executive Department) which would effect a shift
from the presidential to the parliamentary system of governments and
install a unicameral legislature. Additional provisions to effect these
changes as well as the possible creation of a Federal system are likely to
be proposed. All are likely to be adopted by a Constituent Assembly made
up of the same self-seeking politicians now resident in the House of
Representatives.
Constitutional
amendments have been described as part of a supposed reformist effort to
address the “weakness” of the 1987 Constitution. But they will make
reforms not only even more difficult than they already are. They will make
them almost impossible, not because Constitutional amendments are
necessarily regressive, but because those proposing them—the worst of the
country’s traditional politicians—are not interested in reform, but in
stifling them.
Although it is not
its primary aim, preventing changes in government through “People Power”
uprisings is among the reasons for the proposal to shift to a
parliamentary system, in which changing governments will supposedly be
institutionalized rather than left to direct people’s action.
Former President
Fidel Ramos and company began agitating for amendments to the Constitution
over 10 years ago to keep Ramos in power. The target at the time was the
abolition of term limits, which would enable Ramos to run for a second
term.
The ban on a second
presidential term was driven by Philippine experience, in which presidents
used their first terms to campaign for a second. The framers of the 1987
Constitution rightly felt that one six-year term would be enough for a
president to focus on his program of government rather than on being
reelected.
The wisdom of that
view has been validated by the case of Gloria Macapagal Arroyo, who came
to power in 2001 with three years to complete Joseph Estrada’s unfinished
term. Mrs. Arroyo spent the entire period preparing for 2004, utilizing
in the process not only government resources but also the considerable
clout of the presidency to prevail in the May 2004 elections.
Mrs. Arroyo herself
joined the Cha-Cha charade only last July, when her presidency was on the
brink of collapse. Charter change was the life-line Ramos threw her then,
when he proposed that Mrs. Arroyo commit to them in return for Ramos’,
House Speaker Jose de Venecia’s, and the ruling Lakas-CMD coalition’s
support.
In her July 25 State
of the Nation Address, Mrs. Arroyo thus threw her support behind Cha-Cha
out of sheer self-interest, claiming that it wasn’t the political class
and dynasties to which she belongs that are blocking reform and making
elections a farce, it was the presidential system.
The Ramos-De
Venecia-Lakas CMD scheme was simple enough. A shift to the parliamentary
system would give Mrs. Arroyo a graceful exit if she wants it—or, as
proffered her by the 55-person rubber stamp Consultative Commission she
appointed, allow her to finish her term by making her head of state and
president from 2007 to 2010. Depending on who does the amending of the
Charter, every politico who will have to give up power under the elaborate
system of term limits the drafters of the 1987 Constitution devised could
stay in his or her post, and run again, this time under unspecified terms,
and without any limit.
Ramos, De Venecia and
company, with the not disinterested support of Mrs. Arroyo, also want to
accelerate the globalization process primarily through the elimination of
the nationalist provisions of the 1987 Constitution. The benefits the
unrestricted entry of foreign capital can mean to the second most corrupt
government in Southeast Asia are not likely to have been lost to them and
their allies either.
The campaign for
Constitutional amendments is thus being driven by the traditional
politicians’ discovery, as early as the 1990s, that as imperfect as they
are, most of the provisions of the 1987 Constitution meant to minimize
control by the political dynasties and to limit their power, open
law-making to marginalized sectors, and stem the tide of globalization,
were somehow working.
It is the traditional
politicians who are now moving heaven and earth to amend the 1987
Constitution. What their amendments will do is bury People Power forever
by once more consigning the poor and their representatives in the margins
of the political process, and restoring the monopoly of political power to
the handful of families for whom the legacies of EDSA 1 have become a
hindrance to their and their foreign patrons’ total dominance of
Philippine politics and government. Posted by Bulatlat
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