Noynoy dodges Cha-cha issue; to create body to study change

Former President Arroyo, today a bonafide congressman representing Pampanga’s second district, has caused a political stir in her recent move of filing a resolution in the House of Representatives calling for a constitutional change through a constitutional convention (con-con), succeeding in getting her political foes and allies to react and take her seriously in her new role.

She even succeeded in getting her successor, President Aquino, to announce that he will form a commission to study Charter change (Cha-cha), but also saying that this is not a priority in his government.

His stand today is seen as a way of dodging and delaying the issue of changing the Charter now that he and his allies are in power and position.

Aquino yesterday said he will form another commission to deal with the Cha-cha resolution filed the other day by Arroyo.

He explained that the commission he will form is a part of the campaign promise he declared publicly before he was sworn to presidency but stressed that this body would likely take shape after he is done building the structure for the Truth Commission.

“As I told you, we’ll form that commission to study the need for it (Cha-cha) and whether or not the people are requesting it,” Aquino said during the first ambush interview he granted to the media

during the turnover rites between the new Armed Forces chief of Staff and the acting AFP chief of staff in Camp Aguinaldo.

Charter change, however, is not a function of the executive department but a function of Congress which has the power to amend, revise, abrogate the Charter through a constituent assembly with a required number sought, or to call for a constitutional convention (con-con).

The recommendations that the body to be created by Aquino for this study purpose, may prove worthless.

But the Chief Executive claimed that there is a need to scrutinize the reasons that necessitate government to amend the present Constitution given the weight of this issue which has long been a subject of many political debates in and outside the legislative chambers.

“We will have to analyze if there is really a need to change the Constitution because this is not an easy thing to do. There are negative consequences guaranteed in the short term so you really have to prove that the gains are better than the risks,” Aquino said.

“It (Cha-cha) has to go through the legislative mill. I said we are going to set up a commission to see if there really is a need for it. If there is, will our countrymen be supporting such amendment?” he asked.

But he stressed that sorting out this Cha-cha issue won’t be his priority since he would like to start his government by managing the fiscal woes of the country and putting closure to the allegations leveled against the Gloria administration.

“I’m prioritizing the Truth Commission. We hope to be given ample time because we do many things at the same time and the first priority has to be the fiscal situation of the country. What is left of the nation’s purse to accommodate the needs of our country,” he explained.

Earlier, Aquino through his spokesman, Edwin Lacierda, said that the resolution filed by Arroyo will be dead in the water, as it is likely for Aquino’s allies in the 15th Congress to block this motion by the former president to prevent her from returning to power and position.

“It’s something that we expect already from the very start and again, like in any other case in the House as well as in the Senate, it’s a matter of numbers. If we are able to convince the members of the House that this is not a valid time or a good time to amend the Constitution, then that will be dead in the water,” he said.

Constituent assembly, not a constitutional convention is the way to go about it, said Sen. Edgardo Angara yesterday, reacting to Arroyo’s reported filing of House resolution No. 8 proposing amendments or revisions to the country’s Charter through the con-con.

“I’m against it. I’ve been there. I’ve been a member of the 1970 con-con. If that is the process we will have to do it, by the time we pass it, there could be new technology, new political ideas, set of reforms. I think the most economical, effective and fastest is con-ass. Besides, whatever the decision that will be reached in a constituent assembly is subject to ratification of the people.

“We cannot implement it unless the people agreed to it. It will be first be subject to debates by both Houses and then subject to a plebiscite. In the end, it is the will of the people, not the congressmen or senators that will prevail. So you need not be wary of it,” he said.

The senator, a lawyer and formerly headed the Senate committee on constitutional amendments, revision of codes and laws, admitted that revisiting the Charter is long overdue.

“Since the time, the first time I joined the Senate, I already endorsed the amendment of the Constitution. One think-tank once said that in every year of delay of opening our economy, because we have very restrictive economic provisions, it also means that five million Filipinos go below the poverty line,” he said.

“If it’s specifically aimed at addressing the economic problems, I think there’s no reason to be alarmed of the proposal. If the proposal would entail change in the form of government, that would still be subject to debates. We need not worry about it. We have to be more open-minded now,” he said.

“Priority should be the economic provisions but if there will be a consensus on (changing the) form of government, why not? As I’ve said, all of these things are subject to ratification of the people,” he said.

Timing is also an important consideration as it would allow legislators to deliberate on the matter on the onset of the 15th Congress.

“At least it’s not a last-minute move which appears to be aimed at sneaking in some amendments to the provisions of the Constitution. They cannot just railroad it,” he said.

If need be, Angara said he is also open to the abolition of the Senate. “If it’s the will of the majority, I’m okay with that,” he said.

“We have to be rational in dealing with these matters. If our objective is to improving the lives of every Filipino and bring this country to economic development and it’s only way to do it, why not?” he commented.

“Anyway this current form of government is full of patronage, pork barrel and perks. There’s really no real check and balance in our system,” said Angara. Quezon City Rep. Feliciano Belmonte Jr., Liberal Party’s bet for the speakership and Aquino’s point man at the lower chamber, said the party has to study the Arroyo resolution, “before coming up with a position,” said Belmonte in a telephone interview.

Liberal Party (LP) spokesman Quezon Rep. Lorenzo Tañada III, said the ruling party has yet to make a stand on Cha-cha.

The LP and Arroyo’s allies during the 14th Congress took the position that that the Constitution should be amended but had differed in the manner of changing the Charter. The LP went for the con-con while Arroyo’s Lakas Kampi was for a con-ass.

Tanada now says he is personally against Arroyo’s call for a con-con, adding that the best way to propel the country and the people to economic development is through good governance.

“It is her (Arroyo) right to file. While the LP is yet to decide on our position on the matter, I am personally against it because I don’t think that constitutional changes will bring developments. Only good governance will help us to move forward,” said Tañada.

He downplayed the move saying that Arroyo will not be able to get the required support to pass the bill.

“She has her followers but will it be enough? That is another question since she needs two-thirds or 191 of the 287-member House to make her Con-con proposal approved.”

Congressmen are always for Cha-cha, whether allied with Malacanang, or in the opposition, as they also want their term limits lifted, among others.

Catholic bishops who earlier said that the right time to change the Charter would be after Arroyo ends her term, now has a change of position, saying Cha-cha is “untimely.”

Manila Auxiliary Bishop Broderick Pabillo said this is not the right time to call for Cha-cha.

“This is not yet the time to talk about that. There is a need to bolster the trust of the people in the government first before we can talk about Cha-cha,” he said over Church-run Radio Veritas.

Fr. Joaquin Bernas agreed with Pabillo saying any move to change the Charter should be done in 2011.

“I would say that the earliest should be 2011 because involving getting a constitutional convention would mean another national election and we just had an election recently. It can be a very expensive process plus people are still distracted,” he said. –Aytch S. de la Cruz and Angie M. Rosales with Gerry Baldo, Marie A. Surbano and Pat C Santos, Daily Tribune