Why Congress Can't Be Trusted for Charter Change
Recent news showed Constituent Assembly (ConAs) as the means being pushed by the President and his allies in Congress to amend the constitution and eventually pave way for the birth of the Philippine Federal Republic. I personally do not support ConAs as the method of choice to amend the current constitution because of the following arguments:
Amending the constitution must be entrusted to people or to a body worthy of the trust of the Filipinos. After all, it is the Supreme Law of the Land and the future of the country that is at stake. My point being, the Philippine Congress as it is constituted now cannot be trusted. In fact, this distrust is mirrored in the Pulse Asia and SWS surveys showed the House of Representatives registering an average of only 40%-45% trust rating over the past years. Consistently in the last few congressional terms, the legislative branch had always suffered from issues of integrity. I cannot, in my conscience leave the huge task of charting our constitution to an institution that cannot be trusted.
Why is congress not trusted? For one, history would tell us that our lawmakers have always pushed for their own agenda. Cases in point – the misuse of pork barrel funds whether in PDAF or DAP mechanism, the plunder cases filed against its members, the abuse of discretion of the super-powerful Commission on Appointment in rejecting the appointments of what could have been the key to real change in Philippine governance, political turncoatism in Congress every after election affiliating themselves to the political party of the winning president, how a supermajority congress can bully co-equal branches of government by slashing their budget to as low as 1P, voting on critical decisions like death penalty and martial law extensions based on party loyalty instead of national interest, how their series of expose’ are done not in aid of legislation but in aid of re-election and how many of the members of this Congress belong to well-entrenched political dynasties perpetuating themselves into power by means of violence, money and patronage. Given how the Congress behaved and continues to behave, a ConAs may not result to progressive changes in the constitution. I cannot trust a Congress that behaves like this. I cannot risk the future of my country to an institution that lacks credibility.
Another reason for this distrust is the fact that traditionally, the Congress does not legislate against themselves. Since the restoration of democracy, the Philippine congress failed to enact a Freedom of Information Law, an Anti-political Dynasty Law, a Political Party Reform Law, Anti-political Turncoatism Law and many more. These have languished in congress for decades since these laws are against the interest of those who sit in the Congress.
Also, Charter Change cannot be entrusted to a group of elite politicians making the whole process exclusively theirs and in effect denying critical segments of the Philippine society the right to participate. The Philippine Congress is replete with members of political dynasties making the Philippines the world capital of political dynasty. Albert et.al. (2015) reported that the Philippine Congress when compared with parliaments of other countries with available data on dynasties suggests that the Philippines has one of the highest incidence of parliamentarians that belong to political dynasties at 75 per cent. There are problematic areas for political dynasties in the Philippines as summarized by Albert, Mendoza, et.al., (2015) weakening the check-and-balance in the government especially when family members simultaneously occupy public offices and dynasties perpetuate “personality-based politics” by prompting politicians to invest in their relatives. We want to have a constitutional process that is more inclusive and not self-interested. If we leave Charter Change to Congress, it will simply reinforce elite exclusionary dominance where the interests of dynastic families take primacy ahead of national interests.
Often the reason supporting ConAs is on practicality and cost as it would facilitate the process of amending the Constitution more swiftly, and the least expensive. As to the expenses for a Constitutional Convention on the other hand, aside from spending in the election, creating a staff of at least six per delegate, the rentals of rooms and utilities and computers would cost P2-billion for just one year amounting all in all to around 6 or 7B. Some would say too much for a constitutional change process.
No cost should prevent us from from crafting the future of our nation. Democracy is not a luxury but a right of every Filipino, being the authors of the Supreme Law themselves. We must enjoy the democracy we have fought for and not put a price tag to it. After all, the cost is nothing compared to the amount we lose to corruption. We must put our resources where our mouth is.
One concrete suggestion is for confidence-building efforts to precede ConAs if government is hell-bent on pushing for this process. Congress must prove that they can be trusted by enacting the soonest possible time the Anti-Political Dynasty Law, Freedom of Information Law and the Political Party Reform Law at the very least. Or better yet, ConAs may proceed provided all those who will participate therein shall sign a waiver that none of them shall run for public office immediately following the ratification of the new constitution.
While a compromise can be made through the constitution of the 25-person Consultative Council that will guide Congress in the process, the selection must be carefully thought-out ensuring the interests from across sectoral and geographical representations a voice in the council.
If not, Congress remains to be the institution I distrust the most.
Photo: Philippine Primer
Reference:
Albert J.R, Mendoza, R., Yap D.B, Cruz, J.F. 2015. Regulating Political Dynasties Toward A More Inclusive Society. Policy Notes, Philippine Institute for Development Studies, No. 2015-14. Pp.1-10.
