Tuesday, June 30, 2009

Understanding CON-ASS

The words Cha-Cha, Con-Ass, and Constituent Assembly have been reverberating in everyone’s ears due to the heating opposition and dissent from the people. Just recently, the protest against Con-Ass has also assembled thousands of protesters in Makati City to strongly air their sentiments against the president’s Con-Ass. Thereafter, several protests against Cha-Cha have been performed in public streets of Manila and in other cities. It has also been regularly covered in all print and broadcast media. However, despite the popularity of the opposed Con-Ass, probably some have no clear knowledge about it and some may have no interest at all about the issue.

Historically, the attempt to change the Constitution has already been proposed even centuries ago since its ratification. There have also been various politicians or presidents who attempted to initiate to change the Constitution. However, the 1987 Constitution remained untouched.

HR 1109 and Role of Senate

Under the 1987 Constitution, the revision or amendment of fundamental law of the land may only be proposed through a Constituent Assembly and through Constitutional Convention. The present proposition of the House of Representative falls under the Constituent Assembly wherein amendments or revisions may be made by a vote of two thirds of the Congress. In the House Resolution 1109, it contained the call for a Constituent Assembly wherein the proponents have called to assemble the member of Congress to revise and amend the Constitution even without the Senate approving it.

The Congressmen have clearly relied upon the words of the Constitution which states; “Section 1. Any amendment to, or revision of, this Constitution may be proposed by: (1) The Congress, upon a vote of three-fourths of all its Members.” To further support their proposal, the Resolution further states;

“WHEREAS, it is to be emphasized and underscored that some essential words and phrases in the aforequoted 1935 Constitution were deleted and no longer contained in the aforequoted 1987 Constitution, such that the “amendments by deletion” are as follows:

1. The phrase “in joint session assembled” in the 1935 Constitution was deleted;

2. The phrase that the Senate and the House of Representatives, voting separately” was also deleted;

3. The percentage of voting three-fourths of the respective membership of each House (the Senate and the House of Representatives) treated separately has also been deleted and substituted with a vote of three-fourths of all the Members of Congress (i.e., ¾ of the “members of Congress” without distinction as to which institution of Congress they belong to).


In several interviews also, the Congressmen who passed the resolution were determined and adamant in their stand that CON-ASS may pursue even without the Senate. Clearly, they emphasized that even if the Senate will not participate, it is still enough for them to pass any revision or amendment.

However, in the words of Constitutional guru, Fr. Joaquin Bernas, the Congress being referred to is composed necessarily of both the House of Representative and the Senate. The Constituent Assembly also pertains to the House of Representatives and Senate. Other constitutionalists also interpret the law as such. Hence, in revising or amending the Constitution, participation of Senate is indispensable. Nevertheless, even if the Senate will join the Con-Ass, their votes would be outnumbered by the number of Congressmen proposing for amending the Constitution.

With this kind of situation, the Con-Ass may successful and changes may be made in the Constitution.

Changing the Constitution is not illegal, bad or wrong per se. But the protests around the country may raise a question as why is it being opposed due to different reactions I have heard personally. While watching the news inside a bus, I heard someone saying "rally na naman, hindi ba sila nagsasawa?" During the rally in Makati, the news reporter received the same answer from their correspondents- that Con-Ass is being opposed to prevent the extension of the term of GMA.

Though this is true, there are other reason why the Con-Ass should be prevented and strongly opposed for the time being. As has been said, changing the Constitution is not bad. However, the time is not right.

The proposed Con-Ass is being opposed because it may be used by the administration to implement its plan to change the government into federal form. Eventually, the term of GMA may also be extended.2010 election may not pursue. In addition, they may also proposed that foreign investors/businessmen may own 100% ownership of his company in the country. Real and present danger is, hence,attached to the plan of changing the Constitution.

For some, the Con-Ass may mean nothing. But, in reality, every Filipino is directly affected by it. Be it noted also that the Congress' act of passing the bill in only a split of hours suggests doubt and controversy. Though there is nothing wrong with the resolution per se, the action of the Congressmen towards it is suspicious. Several personalities from administration also reiterated that 2010 will pursue and that CHA-CHA will not include term extension, HOWEVER, these politicians who uttered such words or promise are barefaced liar. So, how could they be trusted? Will they ever stand for the truthfulness of their statements?

Hence, in order to erase the fears, doubts, suspicions, and to fully establish that the proposed amendments will benefit the people, it should be done after the 2010 election. Allowing CHA-CHA after election is the acid test for the objectives of the Congressmen behind it.

(N.B. this is based on my limited knowledge about Con-Ass and if you have additional info please share it to me ^-^).

Monday, June 29, 2009

A devastated COMELEC and the destroyer TIM

The news yesterday and headline in newspapers today about the withdrawal of TIM from its engagement in the automated election is very disappointing and devastating. Apart from that, COMELEC Chairman Melo expressed that this incident cannot be repaired and the nation has no choice but to return to manual election. Notably, right after the resignation of Abalos and the divulging of the Hello Garci tape, the nation initiated to clean the election process for the purpose of ensuring a clean election. Automated election was found as a solution. Millions of pesos have also been spent for such purpose. However, while election is nearing, more and more problems have started to arise and bother the nation.

Today, the worst problem has bombarded the nation. With the withdrawal of TIM, the 2010 election will be done manually. Such changes has created a doubt, speculations,and political perceptions about the real reason for such event. Many thought that it may have been politically motivated and related it to Cha-Cha while others think that it may have been due to other reasons which I cannot figure out. Although it may be unsafe to conclude that TIM's withdrawal has been caused by political pressures, it is also difficult to think of any reason for a reputable company to just withdraw from a big and important contract such as this one.

Despite any reasons, the withdrawal of TIM corp. from the automated poll is no joke. It did not only put its partner, Smartmatic, in an embarrassing and disadvantage position but also put the COMELEC in a formidable position because of strenuous adjustments that it had to undergo. More significantly it failed the people's hope to have a clean, honest, and credible election on 2010. In going back to manual election, the possibility of fraud and other dirty tricks may likely happen. With this possibility, the Filipino people will continue to suffer from the malicious manipulation of selfish and corrupt dirty politicians. All left is for us to be vigilant and do our part in intelligently casting our votes and hope for the better even if it is almost hopeless.

Thursday, June 18, 2009

Supreme Court's decision on HR 1109 does not end everything

A few days ago, the Supreme Court handed down its decision on the petition against Hose Resolution 1109. HR 1109, in particular, calls for the convening of Constitutional Assembly even without the participation of the Senate. According to the SC, the dismissal of the petition was because the petitioners, Atty. Lozano and Louis Biraogo, have no legal standing and that the resolution is not a threat or not ripe for adjudication. Meanwhile, legal standing simply means the legal right to initiate a lawsuit.

Since HR 1109 does not necessarily involve spending taxpayer's money, the petitioners are not actually affected by the issue. Hence, they lack legal standing. In addition, the SC said that HR 1109 is not ripe for adjudication as it only calls for the convening of Constituent Assembly.

The decision of the SC does not end the fight against Constituent Assembly. It does not also give assurance to the proponents of Con-Ass that they can freely go with their plan. So far, the decision of the SC impacts either sides. As for me, the SC decision should not stop people from analyzing issues about Con-Ass and continue to be vigilant watcher of government's plan for the country. After all, its us, Filipino people, who can really protect and design the future of our beloved country.

Monday, June 15, 2009

It's Election Time!

It's barely a year before the 2010 election yet the environment dictates that it's election time. The creation of the political condition has been marked by the tv ad of Sen. Villar showing himself helping several OFW's being abused by their foreign employers to get back home to Philippines. The tv ad was followed by other ads showing faces of politicians extending help to those in need. Some showing their future plans and aspirations to a particular cause. The other one was aiming to promote his city by showing the beauty and the kind of life that his constituents are enjoying. Through these advertisements several unforgettable phrases has instilled in the mind of the people. Among these phrases includes, "Ganito kami sa Makati", "Anak itabi mo", and "Ganito kami noon..." But all the ads have common denominator- appealing to people to vote for them in the coming 2010 elections.
Undeniably, the ads have violated the Omnibus Election Code of the Philippines which requires that campaign period should done within the 90 days period before the election day. It is also noteworthy that such ads were questioned by several critics. Though some have acceded to the criticisms, the ads still continued and new ads still continued to flash on tv screens. This proves one culture in Philippine politics which is "whatever it takes" in order to win.
Apart from the tv ads, there are several aspirants making noises just to win the attention of media and eventually make their name unforgettable until the coming 2010 election. Several politicians just can't get their hands off the cookie jar. Political parties also started to form their strategies in making their party strong in the coming election. Everyone implies that they are good, they are kind, and they deserve to be voted. With the intensity of politics at present, it can then be said that it is election time.