Analysis
For Better or
for Worse?
On
charter
change,
Arroyo style
The last time the country
underwent the same type of changes in the charter, currently being pushed
by the Arroyo administration, purportedly to solve the political and
economic crisis was in 1972. Marcos presided over the finalization of the
1971 Constitution, which shifted the form of government from presidential
to parliamentary. But the
1971 Constitution and the laws and measures enacted by Marcos, which is
being emulated by the Arroyo administration, did not solve the political
and economic crisis confronting the country, it worsened it.
BY BENJIE OLIVEROS
Bulatlat
The
debate regarding charter change (Cha Cha) is shifting into high gear. No
thanks to the efforts of the Arroyo administration in trying to ram its
version of Cha Cha. With no hope of getting the support of Senate for
charter change through a constituent assembly and with their moves to
force the issue by having the Lower House vote to overrule the Senate
standing on shaky constitutional and legal grounds, Gloria Macapagal-Arroyo
and her supporters in the House of Representatives is now trying another
track, through a people’s initiative.
The
administration is desperately trying to gather 5.6 million signatures
nationwide. Even as the Supreme Court had already ruled in 1997 that
Republic Act 6735, the Initiative and Referendum Act of 1989, is
inadequate without an enabling law, the administration is still pushing
for the gathering of signatures in another effort to force the issue.
They are confident that when challenged before the Supreme Court, the High
Court will again reverse itself, as what it did with the Mining Act of
1995, especially since the two justices who issued a dissenting opinion in
1997 continue to be senior members with one of them, Artemio Panganiban,
sitting as the current chief justice.
The
Arroyo administration claims that it had no hand in the gathering of
signatures and that these were being done by the Union of Local
Authorities of the Philippines (ULAP) and private groups such as Sigaw ng
Bayan (People’s Clamor). But who believes them? If the government was not
involved why was it able to use the network of barangays in calling for
so-called assemblies? The ULAP is headed by Bohol Gov. Erico Aumentado and
its members are local officials. They plan and undertake the gathering of
signatures using their local authority, during their official time, and
using the resources of local government. How can a private group such as
Sigaw ng Bayan, which suddenly appeared, develop a nation-wide network and
obtain vast resources to undertake such a big campaign in so short a
time? Even the expenses for communications, materials, and human
resources alone had to be huge, not to mention the money that changed
hands in exchange for signatures.
How can
the administration claim that there is this sudden surge of people
clamoring for Charter Change last March 25 when only a month ago Macapagal-Arroyo
had to declare a state of national emergency to keep itself in power? Is
this what Aumentado calls a “true manifestation of the people’s will”?
This is
sophism in the same league as the administration’s claims that Macapagal-Arroyo
won in the 2004 elections; the persons talking in the “Hello Garci” tapes
are not Gloria Macapagal-Arroyo and former Commission on Elections
Commissioner Virgilio Garcillano; there are no graft and corruption cases
involving Macapagal-Arroyo and her family; and the administration does not
condone human rights violations and the suppression of the media and the
legal left.
The
Arroyo administration says that Cha Cha will solve the political problems
and crisis facing the country. But the shift from presidential to a
parliamentary form of government cannot solve the political crisis brought
about by questions of legitimacy hounding the Arroyo government. It will
only give the Arroyo administration a measure to evade its ouster and the
power to suppress opposition to its rule. It will grant the combined
powers of president and prime minister to Macapagal-Arroyo; and remove
restrictions to the suspension of the writ of habeas corpus, civil
liberties and political rights, and safeguards to the declaration of
martial law.
Cha Cha
will not solve the economic problems and crisis wrecking the country and
its people. It will give foreign corporations free rein to exploit the
Filipino masses and the country’s natural resources to satisfy the
former’s greed for profit.
Cha Cha
will not bring the country in line with the developed countries of the
world. It will worsen the country’s underdevelopment and make it more
subservient to U.S. control and interests.
The last
time the country underwent the same type of Cha Cha purportedly to solve
the political and economic crisis was in 1972. After declaring martial
law, Ferdinand E. Marcos reopened and presided over the Constitutional
Convention to finalize the 1971 Constitution and institute changes that
will legitimize his rule. From a presidential form of government, the
country supposedly shifted to a parliamentary form of government with
Marcos exercising the powers of president and prime minister. The people
did not enjoy their civil liberties and political rights.
Marcos
pushed for a Foreign Investment Incentives Act to replace the
Laurel-Langley Agreement. The law provided foreign corporations with
incentives not even enjoyed by local corporations and rights to exploit
the country’s natural resources. It also suppressed workers’ rights to
weaken unions and provide a strike-free environment.
Marcos
also developed very close relations with the U.S.; allowed it use U.S.
military bases in the Philippines as launching pad for its war of
aggression in Vietnam
and Southeast Asia; and even sent Filipino troops in Vietnam.
The 1971
Constitution that replaced the 1935 Constitution, and the laws and
measures enacted by Marcos, which is currently being emulated by the
Arroyo administration, did not solve the political and economic crisis
confronting the country, it worsened it. And this led to the downfall of
Marcos and the dismantling of martial law by the Filipino people in a
genuine manifestation of the people’s will. Bulatlat
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