THE PROPER TIME FOR CHARTER CHANGE

 

A  constitution is an important legal document of a State for its enactment is prompted by an event or events that significantly change the course of our nation’s history. It is indispensable for it resolves the rages of that time and gratifies the actors of that historic event by making their actions institutional or foundational, whether they are the powerful few or the majority of the citizens or a portion of their territory.

The passage of the constitution is not only a legal procedure of its legislature or by its people through the delegated legislative authority but it must be the result of a historic occasion of the nation.  

It may be the birth of a state, change of government, toppling of an administration or leaders or a necessary resolution to a national crisis.

Without those important historical events, attempt to change the charter is viewed as tainted with vested interest by the leaders in order to hold on to power how good the intentions may be.

This was the reaction during GMA’s time and it coincided with the question on her legitimacy when she rose to power in 2001 and was dubiously elected in 2004. To some skeptics before, there is now truth to their suspects citing the untangling of the despicable corruption of her administration. What would have happened to our country if she had succeeded in changing the charter?

The subject to amend the constitution is revived in the halls of congress and among known political personalities but the public is not excited on the need to tinker the still untouched 1987 Philippine Constitution, one which was actually designed in response to the Marcos dictatorship. Majority of its provisions are already obsolete and are reasons that political and economic reforms are stalling for decades now

What will move us as a nation to amend the constitution today?

To ensure popular support that will back up this expensive exercise, debate and in deciding for a new one or an amended constitution, there must be that historical basis that will motivate the entire nation. Without which everything will be futile and unpopular move for a popularly elected populist President.

However, if the President will bring the issue on corruption in reforming an oligarch dominated and elitist constitution enacted during his mother’s tenure, probably the general acceptance of the public may be higher.

I highly admire the courage and the bravery of our President in uncovering the appalling corruption of his predecessor, and following him is like ‘Captain America’ punishing the villain, the plunderers.

Wherever I go, the people are very happy of what the President is fighting for.

Our current constitution and the institutions it legitimizes, however, are not sufficient to punish the corrupt officials and in helping PNoy in this heroic fight.  He must go to the higher level and that is reforming the charter coinciding with his noble cause in cleaning the government.

Being the most corrupt country, the destruction of our democratic institutions and the loss of Filipino dignity, there is a need to provide strong provisions in our constitution to punish big time corrupt officials and ensure the safeguarding of our institutions from those evils.

There’s a need to structurally transform the branches of our government from a very static and pork-barrel filled institutions into an organ of harmony, independence and dynamism. No office or its office holders have sole control of all resources by giving specific constitutional provision on the concept of interdependence for them to work together so that the democratic essence of checks and balances, political party system and the rule of law will be respected.

A challenge to reform the 1987 Philippine Constitution must be in answer to the call of the President on a nationwide fight against graft and corruption.

This will be the greatest legacy of the President and a high time for the Filipino people to be vigilant in designing a charter that will once and for all protect the taxes they paid to the government, that the obligations of the government to protect them shall be fulfilled, the leveling of the political and economic landscapes, ensure direct participation of the people in government decision making by giving more power and resources to the local governments, strengthen our electoral system that will protect the sacred votes of the citizens and a mechanism that will instill fear for those who will commit graft and corruption both in the public and private sector.

There’s no more foreign colonialist and no more Marcos dictatorship, what we have now are the oligarchs captivating this nation and corrupt officials plundering the government, and I know that the President needs a reformed constitution to help him and make his fight more significant to our nation’s history.