AMENDING a Constitution is serious business; writing a new one is even more so. A mature nation does it for the right reasons—to take account of new realities in the world or in the country itself, to solve persistent problems that cannot be cured by ordinary legislation, etc. It is irresponsible to undertake constitutional reform just to fix the problems of an incumbent politician. It is like attempting to save a marriage, troubled by a chronically dishonest spouse, by drawing up a post-nuptial agreement, when dissolving the relationship is the more logical action to take.
Framers of constitutions everywhere are often cautioned against writing the values of their generation into a document that should serve future generations as well. If this seems like a sensible advice, then it should warn us against the tricks of politicians who want to write their political careers into the Constitution.
That’s the main reason I have refused to participate in the so-called “great debate” on Charter change. Gloria Macapagal-Arroyo is the wrong person to start it. Her mandate is under question because of the widespread belief that she conspired to rig the outcome of the 2004 presidential election. Her behavior as President of the country in the last five years has been marked by a total lack of respect for the most basic principles of ethical leadership. She is desperately fighting for survival. A constitution written under such auspices can only be a polluted document.
Correctomundo! Read the whole thing.
From Neal Cruz: Who is the mastermind of the "No Elections" provision?
THE INQUIRER REPORTED LAST SATURDAY that fellow congressmen have pointed to Speaker Jose de Venecia as the mastermind of the hated "no-election" provision of the draft Constitution prepared by the Arroyo-created Consultative Commission (ConCom). Records of the ConCom show that it was former Rep. Gerry Espina (Biliran) who authored the "No-El" provision. Whether or not it was JDV who prodded Espina to make the proposal, only the two of them know.
Bribing incumbent elective officials with a three-year extension of their terms of office, without having to run and spend for re-election, does seem to have the characteristic trademark of JDV. But that is not an original trick. President Marcos did it before. When he had a new Constitution written by a Constitutional Convention, a provision was inserted, automatically making ConCom members who voted in favor of the draft Charter members of Parliament (the Batasan). The Arroyo-appointed ConCom members copied the spirit of that provision, which is actually a blatant form of bribery.
Aside from the three-year bonus for incumbent officials, the ConCom members gave President Macapagal-Arroyo the power to appoint 30 unelected persons to the Parliament. Among the 30 are members of the present ConCom who wrote the draft Charter.
It is a traditional practice of legislative bodies to ban their members from enjoying benefits that they themselves write into a Constitution or a law (an increase in salary, for example). Such benefits can only apply to the new set of officials who will replace them. This is to prevent legislators from using their powers for their own benefit.
But the members of the present ConCom have done exactly that. They abused their powers by passing a provision that would benefit themselves. They could have banned themselves from being appointed to the Parliament, as is customary, but they shamelessly did not do that. It is clear they, too, want a free ride to Parliament. Kapalmuks talaga!
Plus this on Cha-cha salesman Ben Evardone:
One official who sticks out as a probable victim of JDV's seduction is Gov. Ben Evardone of Eastern Samar, who is ironically a former journalist and, therefore, should know better. Evardone is the front man of the Union of Local Authorities of the Philippines (ULAP), the association of local government officials behind the move to gather signatures for a "people's initiative" in case the Constituent Assembly ploy is blocked by the Senate. He seems to be enamored of a parliamentary/federal system of government. He should realize that in case that happens, his province would be among the worst hit.
Eastern Samar is among the poorest provinces in the country. In a federal system, the provinces will have to fend for themselves. They won't get any funding from the national government as much as they do now. They will have to pay their own police forces, health personnel, teachers, legislatures, etc. The departments of the national government will have to be replicated in the provincial level. The rich provinces and cities in Luzon, in the Visayas (Cebu and Bacolod) and in Mindanao (Davao and, perhaps, Cagayan de Oro) will be able to support themselves. But what about the poor provinces? How will they support themselves?
They will be forced to tax their constituents more. But as they say, you can't squeeze blood out of a turnip. How can you squeeze more taxes out of the poor people of Eastern Samar and similar provinces? Most of the people in these areas are farmers and fishermen who can't afford to pay more taxes.
Local government officials are seduced by the idea of more autonomy for themselves. But think what could happen when the funding from the national government would be shut off. Their constituents might chase them out of their provinces.
From Conrad de Quiros:
FIRST, FIDEL RAMOS WANTED GLORIA Macapagal-Arroyo to resign by 2006, demanding that she do so to pave the way for a change in government. Then he gave her an extension up to 2007, provided she did not follow the recommendation of her Consultative Commission on Charter change to scrap the 2007 elections. Ramos asked that GMA (Gloria Macapagal-Arroyo) resign by 2007 to resolve the problem of her legitimacy in the wake of the "Hello Garci" tapes, and run for parliament instead.
Then following the meeting of Lakas, Ramos was reported to have agreed that GMA might serve out her term until 2010 provided that the 2007 elections were held and that GMA's powers were clipped. GMA in turn was reported to have said she would accede to this if Congress approved it. Over the weekend, Ramos denied this, saying it was still his position that GMA resign next year.
What's wrong with the picture?
It is not that Ramos can't seem to make up his mind on when GMA should resign. That is the least of our worries. What's wrong with the picture is that, quite simply, who the hell is Ramos to be telling anyone what to do? Who the hell is Ramos to be deciding what kind of government we should have and who should head it? Who the hell is Ramos to be decreeing the future of this country?
Last I looked he was an ordinary citizen, just like you and me, who happens to be richer-indeed infinitely so-from being president at one point and profiting from various transactions. Indeed, last I looked he was the fellow who, along with Jose de Venecia, propped up GMA after she admitted obliquely to talking with Garci in her apology to the nation, thereby blocking a true closure to the problem of an illegitimate President there and then.
I do not recall voting for Ramos in 2004. I do not recall him running for office in 2004. Why on earth should he have the right to do things in my name? Why on earth should he have the right to do things in anybody's name?
If GMA did not cheat during the last elections, why should anyone have the right to demand that she resign or be ousted from power? That was my complaint last July with the position taken by Corazon Aquino and the members of the "Hyatt 10," and that has been my complaint with the position they have maintained afterward, after they metamorphosed into various organizations with various names. Never once, in the statements they issued calling for GMA to resign, did they mention that she cheated in the elections. The "Hyatt 10" expressly said they were not judging GMA on accusations she did so, they were resigning because there were "pressing concerns confronting the nation at the core of which lay issues of leadership and credibility." Cory expressly said as well she wasn't judging GMA either on her apology, she was asking her to resign because "the country cannot continue in its present tumultuous state."
Why should problems of leadership and credibility and a tumultuous state of affairs be sufficient reason for asking a legitimate head of state to resign or be overthrown? If so, then all the presidents of this country should have been asked to resign or be overthrown. In Erap's (Joseph Estrada’s) case at least we had an impeachment trial to suggest-even if, as his camp points out, it was never proven-he betrayed the public trust. If GMA did not cheat in the elections, if she is the duly constituted President of this country, who is Cory to demand she resign? Who are the Hyatt 10 to demand she resign? Who is Ramos to demand she resign?
But, of course, they are loath to mention that GMA cheated in the last elections. Because then we have to ask them as well why they stood by and said nothing while she did so. Because then we have to ask them why they continued to stand by and said nothing after she was proclaimed President while the nation slept.
The reason why Ramos has the nerve to make demands against "president" Arroyo is because of her illegitimacy problems.
More here from Ninez Cacho-Olivarez.
UPDATE: Nagpaparinig si Arroyo kay Tabako?
The Malaya Editorial: Expose the fraud.
And from Ellen Tordesillas:
We can see that they are covering all fronts, with alternatives ready in case one initiative does not fly like the Con-Com’s recommendation of no-election in 2007. Arroyo is riding on JDV’s obsession to be prime minister though Cha-Cha hoping that with a Constituent Assembly in place by March this year, the impeachment trial would in her own words, "die a natural death."
But she is having problems with the Senate, where her stooges are a minority. That’s why her local government lackey, Eastern Samar Governor Ben Evardone, spokesperson for the Union of Local Authorities of the Philippines, is working on perverting the People’s Initiative provision of the Constitution.
Section 2, Article XVII of the Constitution states that "Amendments to the Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters, of which every legislative district much be represented by at least three per centum of the registered votes therein."
This will surely be a lucrative undertaking for Evardone. Malacañang will have to set aside a huge budget for this because a recent Pulse Asia survey showed that majority of the people oppose charter change. A lot of manipulation would have to be done, and it would cost a lot to rig a petition for charter amendments by 12 percent of registered voters.
There are also legal obstacles that Evardone would have to hurdle. One, there is no enabling law for the People’s Initiative. Two, the Constitution specified "amendments". What Arroyo and JDV want are revisions, an overhaul of the Constitution.
Malacañang, we are sure, has thought of that. Arroyo has enough members of the Supreme Court to help her survive.
If, despite all these efforts, JDV’s Cha-Cha won’t move forward, there is Oliver Lozano, who is all ready to file his impeachment complaint the minute the House of Representatives opens its doors on July 1. Members of Congress, especially those whose votes would be needed by Malacañang, would welcome that.
Business is good, indeed.
Business is good for THEM, but not for us ordinary Filipinos.
At si JB Baylon naman, anong picture ba sa frontpage ng PHILSTAR yesterday, Sunday ang tinutukoy niya? Hindi ko kasi ito nakita eh. I don't know Hehe Alvarez and Nani Perez (yes, THAT Nani Perez na ini-imbestigahan ng Swiss gov't)
UPDATE: Ah, this picture pala
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