MANILA - Since the 14th Philippine Congress opened in July 2007, over 30
measures aimed to revise the post-revolutionary 1987 constitution have been
proposed with the dry legality often offset by catchy acronym nicknames such as
CON-ASS, CON-CON and CHA-CHA.
These have been rich pickings for any tabloid headline writer or rabble rouser,
with one such item now doing the cyber-rounds listing the "CON-ASS-HOLES" who
backed the latest move to change the constitution. The item refers to those in
congress who on June 2 voted in favor of Resolution 1109, which allows the
Lower House of Representatives to vote itself into a constituent
assembly (CON-ASS) without the support of the senate.
CON-ASS, it is believed, will pave the way for constitutional or charter change
(CHA-CHA), a move that could enable President Gloria Macapagal-Arroyo to extend
her term in office beyond the six years mandated by the current constitution
while casting new legal doubts on general elections now scheduled for 2010.
The methodology by which Resolution 1109 was passed is at issue, which was
clearly designed to allow the pro-Arroyo Lower House to bypass the
opposition-led senate. Ava Patricia Avila, a research analyst at the S
Rajaratnam School of International Studies in Singapore, said that the
Philippine constitution states that a constituent assembly may be formed by a
vote of three-quarters of all members of congress, but does not state whether
the vote must be held separately in the House of Representatives and senate.
"The way this resolution was approved has been questioned by many as
unconstitutional," said Avila. "It does not follow the process written out to
form a constituent assembly ... only the Supreme Court can now decide whether
this is constitutional or not." But irrespective of what the Supreme Court
decides, it is possible the Filipino people will also want a say in the
process.
So-called "People Power" public protests were born in the Philippines, bringing
down the dictatorship of Ferdinand Marcos in 1986 and the corruption-ridden
Joseph Estrada administration in 2001. The latter uprising, which installed
Arroyo as president, was, as Hal Hill, professor of Southeast Asian Economies
at Australian National University said, "as much a quasi-constitutional coup as
anything else".
The extra-legal origins of Arroyo's tenure, not to mention the lingering
vote-rigging controversies surrounding her election as president in 2004, some
say have engendered an official penchant for playing fast and loose with the
rules.
Still, this is not the first time that a sitting president has sought to change
the 1987 charter. Fidel Ramos gave it a shot before his six-year term ended in
1998. And, of course, the dictator Marcos subverted the previous charter in
1972 when his second and by law final four-year term in office was due to
expire.
In the country that gave the world the term "crony capitalism", it is
significant that parts of the Filipino business community have come out
strongly against CON-ASS. Corporate moguls are thought to be running the rule
over and quietly backing various candidates for the 2010 elections. Such
machinations are likely to affect how the business community reacts to CON-ASS
and whatever ensues.
A press statement released by the Makati Business Club (MBC) pulled no punches
in saying, "We are appalled at the indecency and blatant disregard of the
Filipino people's will displayed by the House of Representatives ... that
allows itself to convene as a constituent assembly to amend the constitution,
without the necessary participation of the senate."
The MBC includes many of the country's major corporate movers and shakers and
is "against charter change at this time and by the method of converting
congress into a constituent assembly", said Alberto Lim, the group's executive
director. "We prefer that it be done after the 2010 election and that a
constitutional convention (CON-CON) be called for the purpose."
Certain segments of the business community, it seems, are still in Arroyo's
camp. The Philippine Chamber of Commerce and Industry (PCCI) asked that the
government focus on economic needs as the foreign remittance-dependent country
grapples with the global downturn. A statement from PCCI president Edgardo
Lacson said vaguely, "If the proposed amendments to the constitution are
premised on specific provisions that aim to enhance the country's competitive
position globally, business will be willing to support it."
Madam prime minister
CON-CON is a procedural alternative to CON-ASS, where a two-thirds
congressional majority can call for the formation of a convention to amend the
constitution. Alternatively a simple majority vote in congress can pass the
question to the electorate on whether to call for CON-CON. The third option
would be for the electorate to directly propose CHA-CHA through a petition of
at least 12% of all registered voters, of which each legislative district must
be represented by at least 3% of registered voters.
The CON-ASS saga is significant ahead of 2010 elections. Critics note that
after over a half-decade of consistently poor popularity poll ratings,
currently none of Arroyo's political allies are tipped to win the upcoming
election. Some - notably current Vice President and ex-broadcast journalist
Noli de Castro - may even defect or form separate parties.
Meanwhile, the local media are buzzing with speculation that Arroyo is planning
to stand as a parliamentary candidate in 2010, coinciding with the end of her
tenure as president. This would fit with a CON-ASS scheme that aims to amend
the constitution to replace the current presidential system with of a
Westminster parliamentary one. Arroyo could, in such a case scenario, focus on
being voted in as prime minister, the executive authority under a parliamentary
government.
Certain of Arroyo's backers in the House of Representatives believe there is
enough time to amend the constitution and secure a Supreme Court ruling before
the 2010 polls. Representatives Jose Solis and Rodolfo Antonino of the
pro-Arroyo Lakas-Kampi-CMD (Christian Muslim Democrats) party were recently
quoted saying that the House would convene a CON-ASS even without the senate's
approval, most likely after the President's July 27 State of the Nation
address.
The last time the Supreme Court ruled on something as significant as CON-ASS
was last year, when it shot down the constitutionality of the proposed
Memorandum of Agreement on Ancestral Domain (MOA-AD). The MOA-AD would have
given control of around 700 additional towns and villages on Mindanao to Muslim
authorities, extending the autonomy granted under earlier peace deals aiming to
end a long-running rebellion in the south.
Jun Muntawil, a member of the Moro Islamic Liberation Front (MILF) peace team,
said, "There are no official comments yet from the MILF on the move to amend
the Philippine constitution. But the general view here, from both the public
and government officials, especially from the oppositions, is it is a move to
extend the term of the president."
The perspective from the troubled south might seem peripheral to CON-ASS, but
last year's decision may have set relevant legal and social precedents. The
MOA-AD was ruled as contrary to the constitution and the Supreme Court shot
down the Malaysian-brokered deal with the stinging assessment that, "The
furtive process by which the [deal] was designed and crafted runs contrary to
and in excess of the legal authority, and amounts to a whimsical, capricious,
oppressive, arbitrary and despotic exercise thereof."
Whether the Supreme Court will come to a similar conclusion about CON-ASS is
open. Given the violence that took place on Mindanao after the MOA-AD was
legally blocked last year, apparently instigated by rogue MILF commandos, some
wonder whether a ruling against CON-ASS - with the right mix of political,
clerical and military backing - could put sufficient numbers of protestors onto
the streets.
Public protests took place last week, but as academic Hill told Asia Times
Online, "I think its stretching credulity to see [People's Power III] coming
from this."
It's not clear yet that 1109 will represent a 9-11 moment in Manila, but the
brazen chicanery of the resolution's passage promises to enliven the political
scene in the months ahead.
"What unfolded in the House was not charter change," said Avila. "It was a
proclamation of intent to embark on a path leading straight to a constitutional
crisis."
Simon Roughneen is a roving freelance journalist. He has reported from
over 20 countries, and is currently based in Southeast Asia.
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