15 September 2009 ought to be the last day the Committee on Constitutional Amendments have to deliberate on that House Concurrent Resolution that calls for a Constitutional Convention to propose amendments to, or revision of, the 1987 Constitution of the Republic of the Philippines and the accompanying House Bill that implements the same – both as have been principally authored by its Chairman, Rep. Victor F. Ortega.
After a series of committee hearings, the Technical Working Group so created to come up with its various recommendations on the Comparative Matrix of Constitutional Convention Measures headed by Rep. Barzaga should be about through with its final recommendations that would pave the way for the preparation of the Committee Report which would then be deliberated upon at Plenary. What is interesting to note here is the fact that there had been no document whatsoever that purports to contain the proposed amendments or revisions should the ConCon been established. That is not to say however that Chairman Ortega did not mention, on record, that he can volunteer to give the committee a copy of 30 to 40 proposed amendments that were researched by his committee staff.
What will be taken up todat will only focus on the calculations with regard to the budget for this ConCon as would be determined by the TWG. All the nitty gritty of the resulting ConCon proposal are deemed to have been sufficiently discussed, debated, and voted upon with the requisite quorum and participation of any contrarian. In other words, the democratic criterion could be said to have been reasonably met. At no point in time can anyone then claim that the entire ConCon was a fiasco or that it was railroaded.
After today’s possibly last committee hearing, ConCon has effectively come into existence, officially. And all that may be finally required is for this resolution and bill to be voted upon after a presumably smooth flow of sponsorship, debate and discussion. There are no signs whatsoever that anything would obstruct its final passage by the House of Representatives. That is sure quite different when the move to propose charter change via ConAss was met with violent reaction from society writ large.
ConCon did not invite disaster. Why?
Observers of trends may be led to ask – is ConCon better than a ConAss? We must have struck a cord here. For truth is, with the birth of this ConCon, it did not effectively shelve aside that earlier ConAss resolution which has been already approved in so far as the House of Representatives is concerned short of its transmittal to the Senate.
Thus, the real scenario is this – there is an existing House Resolution for a ConAss as well as a distinct and separate House Resolution for a ConCon at the House of Representatives. That almost explains the existence of the best possible scenario as well as the worst possible scenario, come to think of it should any of two options be resorted to. Malacanang is uncharacteristically silent and the otherwise turbulent political waters seem calm. Wouldn’t there be anymore a shift to a parliamentary form of government as would prepare the ground for former President Gloria Macapagal Arroyo to become its newly-installed Prime Minister?
The whole task of setting the public mood for whatever possible scenario may be chosen is part of territory. It is not difficult for GMA to convince everyone to bat for a ConAss and for the same to pass even at the Senate. To my mind, GMA can always resort to BF Skinner’s tested paradigm of the “Ideal Society” wherein she will just share the bounty, call it ‘loot’ if you will, in order to court favor from across intelligences. It bears watching what happens next.
Popularity: 1% [?]
I think any legislative shenanigans now that the be-knighted Mr. Aquino has arrived on his white horse would be met with a public outcry heard ’round the world.
It would be great to see a list of proposed changes to the Constitution. One would think this would be readily available, given the importance to the nation.
Joe
There is reason to be awfully scared as they lay the Charter under the knife and do their ‘political surgery’ of the Constitution.
Remember that they are coming one each from every legislative district and if the sectoral representatives will be so added, take into account another 12 sectors participating in the orgy.
Sometimes, one can tend to think that something is a redundancy – an aweful waste of public money for the same purpose – amend or revise the Constitution, only that in particular, this is time-bound.
The government is to cough up P2.5 billion for this one-year surgery alone.
Here comes the Idiots again. We have a lot of problems to be
addressed. They try to prioritize CON CON and CON ASS. How did we elect leaders like these?
But the same ‘school’ or ‘factory’ that produced the idiots are running for the presidency – Villar, Escudero, Legarda, Aquino, (Roxas), whoever?
And if we go by present trends, the head of this so-called ‘idiotic’ institution is on top of the survey, come to think of it.
There is just no way out of this vicious cultural bind. Unless Hyden has an alternative proposal for the final extinction of Congress.
Do I sense that there is a general sentiment that amendments or revisions to the 1987 Constitution is something whose time has come? ConAss is probably the most cost effective mode. ConCon prolly the most democratic way. Either way, I agree that a list of proposed amendments should be out by now. My wish lists includes:
1) The repeal of 60/40 rule on investments favoring Filipino citizens including allowing foreigners to own land and property. It only really serves well to protect the few, the Oligarchs who are in a roundabout way, foreigners, Fujian immigrants and Basque origin Spaniards. But more seriously, it will spur job growth for the Filipinos. We are rich in resources but limited in capital and whatever Filipino capital there is, is just recycled amongst the few who control both business and banking.
2. The formation of a transition mechanism for a gradual shift towards federalism. The purpose is to decongest the seat of power from centralized Metro Manila and distribute this amongst the States (provinces or regions) so that each State can pursue their own growth and development agenda devoid of being dictated upon by outsiders. This can also be an out-of-the-box solution to the Muslim South problem.
What I’m not sold on is the shift to parliamentary system. It’s merit centers on efficiency of passing laws as opposed to better check and balances.
Tangama,
I think Teodoro is your man, breaking his platform into 10 regional platforms.
I think the Philippines needs to compete on a global scale, and have concerns that federalism will result in different regulations and requirements for, say, importers, and drive them crazy . . . and to other countries. Rather as is being done now.
It seems to me the goal should be to simplify, not complicate, and amass power, not dilute it.
Joe
Joe:
When that happens,
* The regions that will put more red tape will lose.
* The regions who have put a lot of thinking into their policies will reap the dividends.
One blanket national policy distributes the misery to all regions.
A federal format allows each region to craft its own trade policy, without being bogged down by asinine national policies.
As I stated, “The formation of a transition mechanism for a gradual shift towards federalism. ” Two key words, “transition” and “gradual”. The shift to federalism or as you call it, regional platforms is a very complex one. In effect, the main issues, involve the transfer of control in the raising, collecting and distribution of taxpayers’ money and it’s utilization for its region from a central decision center to the regional level.
During, the industrial revolution in the US, individual states craved their own niches and specializations, Michigan for auto industry, Pennsylvania for steel, New York for banking, etc. The states are more in tuned to its constituents. The Philippines has always been regional in their culture but never economically. With economic autonomy, they can carve their own niches.
Tangama, BongV,
Yes, I can see the point you both make. But take the industry of mining and a concept of three federalist states, Luzon, Visayas, and Mindanao. I presume there are valuable minerals in all three areas. So, in negotiating with the Chinese for rights to mine, each area has a delegation going to China, and China has to work with each state separately.
If the problem is stupidity at the national level, I say the more effective solution is to fix the stupidity, not divide it up. One powerful delegation to China is better than three weaker ones.
Frankly, the Philippines is not that big in the scale of international competition. To be a power player (as in mining, for instance), it needs to display brawn. If Mindanao is undercutting Luzon, eh . . . It might be good for Mindanaoans, but not for Filipinos.
I am developing my principles here, and am not closed-minded. Having lived on Mindanao and Luzon, and recently moved to the Visayas, I understand the three regions reasonably well. It is easy to be prideful of the region where one is anchored. But pride and economics and global power are different things.
I would tend to go with federalism as a POLITICAL solution of how to represent the country, rather than a bazillion overlapping regions, provinces and city-states with their competing and conflicting regulations and political voices, but not as an economic solution, industrial solution, or solution for international trade. Use federalism to cut through all the shit, not divide it up three ways.
Joe
Joe, my point, put simply, is there more ways to skin the cat. It is time for structural change because the old system (after Marcos regime) has not worked for the people. Let’s try something else, a structured decentralization of economic power and control towards the region (state) to better serve its constituents.
In reference to your mining industry analogy, I beg to disagree when you said… “Frankly, the Philippines is not that big in the scale of international competition. To be a power player (as in mining, for instance), it needs to display brawn. If Mindanao is undercutting Luzon, eh . . . It might be good for Mindanaoans, but not for Filipinos.”
This in a free market system is called competition which is a good thing because it is the essence economic efficiency which gives us consumers better quality products and services at a fair market price.
You also have to qualify when you size up the Philippines vis-a-vis international competition. Big? Small? In relational to what, who? Does size really matter? I’d say, depends on the task at hand.
Tangama,
Yes, I agree, there is more than one way to skin a cat and structural change is needed. I also agree that competition WITHIN the Philippines should be enhanced, but representations to other countries, ala mining, should be unified. China has a huge appetite for raw materials and is currently focused on South America, looking for large acquisitions. I find it hard to believe the Philippines can’t structure projects that benefit both China and the Philippines, rather than China wielding spades on the other side of the planet. I think China would skip right over small projects. Too much bother.
But we are close enough to be “compatible”, so I appreciate the exchange.
Joe
Joe,
I agree we’re both within the same range on this and also appreciate this interesting exchange. I’m glad you mentioned the China-South America success. As an investment advisor (reason I post under a psuedoname), I would recommend our country emulates its success.
Actually, the China-Philippines investment program was well under way in this Arroyo administration but was almost always tainted with alleged corruption. This has slowed the progress of China’s tit for tat investment scheme in our country. China wants to be where they’re welcome and where deals are secured with political stability and economic incentives. A good example is the China Brazil soybean program. China provided financing to create industrial farms and now Brazil exports around 80% of their soybean production to China. In the process, Brazil was able to get out of a recession. If only our government officials keep their hands clean.
Tangama,
Ahh, and investment advisor. No wonder your thinking makes fundamental good sense. heh I own a few shares of Chinese aluminum (ACH) and petroleum (PTR), which shapes my perspective on the matter.
Indeed, trust and stability would do a lot to build wealth in the Philippines.
Regards,
Joe
Considering that the administration congressmen of this about-to-close 14th Congress are dead set on legislating either this ConAss or Concon along with counterpart move in the Senate toward a ConCon, it can be said that rewriting the Constitution becomes the most opportune time.
Since ConAss has been met with resistance, ConCon is bound to take place in October next year under a one-year mandate to draft the new Constitution for approval and ratification.
The proposed amendments or revisions are not about ready, document-wise. Maybe Chairman Ortega just doesn’t deem it wise to circulate whatever copy he has in custody.
But I understand that it includes amendment to the 60-40 foreign ownership thing as well as some suggestions on a decentralized form of government, if this is still not happening in praxis.
If Randy David’s fears were to be believed, it just might include shift to parliamentary form precisely to catapult GMA into the prime ministership.
As to the peace problem in Mindanao, pray tell this Gibo, when he becomes president by sheer power play, can really put an end to this Muslim conflict.
Well covered, Primer. Hope, Concon happens in October 2010 starting with election of delegates.