Year 2008 has just ended, yet issues concerning our government which started long before 2008 is still existing up to now. Resolutions were passed calling for revisions of the constitution. Entailing the removal of institutional obstacles to investments, sustained economic viability, and political stability, according to the proponents are the purposes of these resolutions. The conflict arise as to how the constitutional amendment should be done.
House of Representative's fresh attempt to amend to constitution is through a constituent assembly without Senate Participation. As expected of them, Senators from both the majority and minority vowed to fight the said con-ass bid as it does not conform with the rules and procedures prescribed by the constitution. It is provided in the Article XVII of the Philippine Constitution that any amendments to or revisions of the constitution may be proposed by:
1. The "CONGRESS", as a constituent assembly, upon a vote of three-fourths of all of its members, voting separately.
2. By a constitutional convention called for the purpose.
3. By the people directly, through initiative, upon a petition of required number of registered voters.
The Congress being a constituent assembly is composed of two, the Senate and the House of Representatives. Thus, the congressman's initiative of not letting the Senate participate in the Charter Change would be a violation to this rule. As the House of Representatives alone is not the CONGRESS. Both the two houses should convene as a constituent assembly. This unlawful act of the mover's of CHA-CHA could only mean that they are desperate enough to remain in power in time when the country is facing economic crisis. The Palace kept on emphasizing that term extension and other schemes to perpetuate or benefit incumbent political officials even the president is excluded and rejected as reasons for supporting charter change. However, based on recent happening concerning the issue it can be inferred that what the administration kept on saying is different from what they actually want. They say, that CHA-CHA would be benificial to the country but looking at how they manage to enforce the fulfillment of CHA-CHA it is not hard to draw the impression that behind all these proposed amendments are vested interests with no regards for national good at all.
The question now lies not on how these amendments should be done. What is needed to be urgently replaced is not the constitution but the present crops of our corrupt politicians. Long before, Filipinos clamoured for changes--changes not on our constitution but the kind of leaders we have. As for me, not one of these resolutions seemed in any way relevant to the needs of every Filipino but they are there, enforced in an urgent tone that it seems there wouldn't be any way of solving problems such as economic and political crisis we are facing today.
Article XVII of the constitution ( Amendments or Revisions ) was created to avoid resorting to bloody revolution associated with the desire for constitutional change. However, seeing how the allies of the president enforce the fulfillment of CHA-CHA to continue there stay in power beyond 2010, it seems that they are encouraging disappointed Filipinos to lit political wildfire they are trying to avoid.
At the end of the day, creating a constitution is always, in its original sense, an act of the people themselves. It is upon us to decide whether to allow or not these thing from happening in which the outcome can be clearly seen.
JOE LOUIE M. SERRANO
FSUU ACCOUNTANCY DEPT.
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