This story
was taken from Bulatlat, the Philippines's alternative weekly
newsmagazine (www.bulatlat.com, www.bulatlat.net, www.bulatlat.org).
Vol. VI, No. 9, April 2-8, 2006
Analysis
For Better or for
Worse?
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 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 © 2006 Bulatlat
■
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On
charter
change,
Arroyo style
Bulatlat