As I sit here, indignant about the massacre in Maguindanao, mad about the use of Martial Law which should be junked at face value, I contemplate on the end scenario that many political pundits and analysts have been weighing on heavily, and that is the facilitation of Charter Change to extend President Arroyo’s hold on power perpetually. The extension has always been thought to possibly occur by steps. First and foremost, Gloria Arroyo running and winning for a position in Congress, then convening house , railroad the rules to favor both houses voting jointly instead of separately. With house voting jointly, Arroyo allies will still have majority, and will then have enough votes to shift to Parliamentary form of government, and Arroyo then becomes Prime Minister, thus perpetuating her rule.
Basically my train of thought with regards to the joint session of congress is that it may be used to once again railroad a possible convening of both houses for the purpose of Charter Change.
Sounds impossible doesn’t it? But, consider the possibility of each step, and you realize, that the major hurdles are two, and these hurdles can be massaged and manipulated in order to accomplish the task at hand, not necessarily easy, but if sneaky enough, can be feasible.
The first major hurdle is actually keeping the majority, impossible to really manipulate for The Senate since judging from the 2007 elections, voters will tend to vote for opposition rather than admin Senators. But local races often lends itself to being detached from national considerations and focused more on the local aspects of the races itself. However, it is predicted that Lakas-KAMPI-CMD will still hold the majority after the 2010 elections.
In any case, the second and last major hurdle that is of concern, and which I focus on in this article, if The President wishes to shift to parliamentary form, is the actual voting itself. If both houses of Congress vote separately, it is probably safe to say, that even if a shift to Parliamentary form is approved in the lower house, The Senate still has a good chance of voting against such a shift.
So, the question to myself, and I have asked other colleagues on this, is if this joint session rules with regards to voting jointly or separately may just be the precedent needed to justify the convening of a joint session of The House and then the house voting as one when it comes to Charter Change.
First and foremost, we must remember House Resolution 1109:
A RESOLUTION CALLING UPON THE MEMBERS OF CONGRESS TO CONVENE FOR THE PURPOSE OF CONSIDERING PROPOSALS TO AMEND OR REVISE THE CONSTITUTION, UPON A VOTE OF THREE-FOURTHS OF ALL MEMBERS OF CONGRESS
Joint session rules will lay the foundation for not only the Martial Law proclamation vote but also the foundation and precedent for vote on Charter change and the shift to Parliamentary.
Basically, when the rules were hashed out, one contentious issue that was expected to be highly debated and discussed is if the House will vote as one or separately. It seems that the constitution is clear that indeed the house will vote as one when it comes to the declaration of Martial Law.
But if majority is approving the rules, then clearly they will approve to vote jointly and not separately since the majority still belongs to the admin allies.
We have to remember when 1109 was taken up by viva voce a few months back, it was just the lower house who passed it.
But joint session rules, could be precedent to lay groundwork for a later push on the convening of the Constituent Assembly. We also have to remember that was the debate last time right?
If The Constitution is clear on voting as one house in case of ML joint session. Then is Constitution also clear on voting as one house in case of ChaCha? The answer is no. It is vague when it comes to the case of Charter Change, which is exactly why it can and may be used to justify The House voting
And so if the opening salvo in todays joint session is the actual tackling of the rules for the joint session of congress itself, then it will be important for all of us to realize, that what our Senators and Congressmen may actually be voting for are not only the rules for the voting on Proclamation 1959, but possibly the rules for the voting on Charter Change and the shift to a Parliamentary form of government.
Thus, the justifications of Martial Law may have hidden agendas, aside from the clearing of The Ampatuans, aside from spreading of Martial Law to other parts of the country, or to the whole country itself, but it may also be the smokescreen for the end game of the perpetuation of Arroyo’s rule.
Again, I say, the most important part of the joint session may actually be the opening portions of it as the members of both houses of congress agree on the rules.
[As I finish this article, they just approved the rules, go figure]
Popularity: 1% [?]
good, it’s time for charter Change…. ( wink)
let’s change the constitution. junk the JBC and let judges and justices serve for a fix tenure of 6 years just like most States in the US do.
let us also remove the martial law power of Congress. if an imminent threat to the Republic is at hand, you do not want it debated by the bozos and clowns in Congress.
The Check and Balances in the Philippine government are working well.
The Martial Law Declaration is a test case. Any President cannot just
declare Martial Law. Do Charter Change without the approval of the
Senators, Congressman and the Supreme Court. Anybody can file a
Restraining Order in the Supreme Court. It was not like during when
Marcos declared Martial Law and took power.
This is the lesson of all incoming Presidents. So, behave when you
are in office.
Check and balance is entirely different from arrogation of executive power by Congress. Martial law power is for the executive to exercise. The determination of the existence of state of rebellion is lodged with the Executive. The Court can check it if it was abused and not Congress.
Congress only duty is to pass laws and control the purse. Congress may limit the implementation of martial through budget allocation but it cannot have a say on the basis of the Executive’s determination that a state of rebellion exists and that emergency rule has to be imposed, regionally or nationwide.
The Philippine Constitution has been so mangled up that you can no longer delineate the proper allocation power among the three branches of government. Marcos dark years have many constitutionalists worried that they thought it convienient to make it hard for the President to declare martial even in the face of actual and imminent threat to the Republic and have put so many breaks on this purely executive power by allowing “Congress and the Court” almost veto power on the President and not the President vetoing acts of Congress.
Look at the lawlessness in Maguindanao. I was detained during Marcos martial law, but this time, I think GMA did the right thing by trying to reign in the terrors in Maguindanao by declaring Martial Law in the province.
Let the pundits surmise on her motive. Their acerbic soundbites would not erase the fact that the Mindanao has careened into lawlessness which must be checked. Don’t be judgmental on the military in the area which for the first time is doing the right thing by putting the warlords behind bars.
put so many “brakes” not breaks, my bad.
Our Civil Liberties must be protected. We dont want
any Potential Dictator of any kind. We have bad
experiences for one Dictator already.
Do not put assumptions or speculations to cloud the
issues of putting our Civil Liberties at risk. If there
is any danger. The Filipino People will unite. With or
without Constitutional legalities.
FEAR can be tactic to exchange for our Civil Liberties to authoritharianism.
In the first place. Who made the problems in Maguindanao? Like the urge to win in an election. By
hook or by crook. Evidences of voters IDs and other
cheating materials are now surfacing. Does someone
wants to hide these evidences by declaring Martial Law?
It is not the people. It is the Leaders deciding for
the people. That caused this problem. They commited serious mistakes. Now they are pointing to their mistakes to entice us to exchange our Civil Liberties.
The Filipino will unite? Lahat yata ng Pinoy bahag ang buntot. Just look at the way Ninoy and few others who had braved the Marcos dictatorship. They were practically abandoned by the “people”, until such time that the Marcos leadership had shown some cracks because of Marcos failing health and made the blunder of “murdering Ninoy” that our “spineless spine” finally stood erect. But from 1972 to 1982 we were herded like cows, enslaved and vanquished.
We love to talk about civil liberties from our swivel chair and unmindful that 57 people have already lost theirs and we would look at government efforts to bring the perpetrators to justice as an attempt to encroach on our civil liberties too. I would give the government the benefit of the doubt that the emergency rule in Maguindanao was an effort to bring the criminals to justice and make them answer to the full measure of the law.
The pundits can look at GMA’s as a crook and an incorrigible politician while I look at her as a human being who has the capacity to repent. I could be proven wrong, but at least I didn’t lost my capacity to trust another human being.
It is a Test Case for Gloria Arroyo. If you give her an inch.
She will GRAB a mile. We dont trust Duplicitous people. Who
stole elections and plunders public funds.
If this Martial Law is approved. Having a Majority in the
Batasan Pambansa. She will expand this to the whole country.
That is what she is looking for. It is a concealed move to
perpetuate herself in office. And to run away from the Plunder
cases waiting for her and her family. It is also to blindside
us all to take away our Freedoms.
We urge all Filipinos to resist this concealed move. Do not
vote for people who will vote for this Martial Law. Remember
their names during elections.
This country is too divided. There are too many political parties with different opinions and visions that only create chaos and no solution. Our country only need one vision and mission. My view therefore is that there should be only two parties, one ruling and the other opposition, with two clear ideologies.
Have you noticed that the most developed nations only have two party democracy, resulting to an stability of an elected government with clearly and widely accepted policies. It saves resources spent during elections which can be put to alternate productive uses.
Charter Change to change the constitution with two political parties only… kanya kanya sila
Nick,
The missing piece is Manny Villar, if he is President. My prediction: Ms. Arroyo will never be a force again.
Joe
Nick,
I don’t know about the Chacha conspiracy, but it just makes me sad to realize the utter futility so far of all our efforts to bring peace and development to Mindanao. News items about the astounding wealth of the Ampatuans amidst the spectacular poverty of the province made me think back of the Marcos days when the US tried to support the corrupt dictatorship to stop the advance of the communists. We really haven’t learned the lessons of history, have we? And now Gloria thinks she can undo the past by repeating it. Insane.
Let’s just hope those who died in the massacre have not made their sacrifice in vain. Let’s make sure we bring true democracy to our Muslim brethren who already have suffered for so long and so needlessly.
Justice for the victims of the Maguindanao Massacre.
The Power of the Government must not be Centralized on the Executive
Branch. This is what Marcos did on his own Constitution. We want
a government. Whereby, if the Executive Branch misbehaves. We can
easily remove the President. Subject him/her to Trial. If there
is a preponderance of Misbehavior. We want this power to be strengthened. That any President cannot BUY Congressman and Senators
to stay in Power.
hyden,
that can be true. your comment is exactly my interpretation of decentralization. meaning, the visayans and mindanao must be represented by their congressmen and senators who lives and resides in that region. why is there too many senators in manila? decentralization requires CHACHA ( wink)..
then to have two political parties only..
People are Allergic to CHACHA. Dont push that Agenda.
People dont want it.
Responsible legislation can be the answer. Not like
legislation that will criminalize homosexuality. Which
they are doing now.
ok Hyden, it was just a test… heheh
What we need is a good sound doctrine. Not from our religious leader frame of minds, but our government systems. For the government to function as it should, is to follow our main three branches of government.
•Executive: is the branch of the government that enforces the laws made by the legislative branch. They don’t, however, interpret the laws. The head of the executive branch is the president.
•Legislative: the most important duty of the legislative branch is to make laws. Laws are written, discussed and voted on in Congress.
•Judiciary: (also known as the judicial system or judicature ) is the system of courts which interprets and applies the law in the name of the sovereign.
Food for Thoughts:
Pinoy-in-Pinas, now is the time to understand your Constitutional Rights. Let our government know that our lives our being jeopardise
by countless ignorant official(s) in our government system(s).
Informed Voters will elect Good and Capable Leaders. We urged
all knowlegeable Filipinos to inform other Filipinos about
the issues of today. Lack of good informations to voters is
the cause of why these INCOMPETENT People were elected in offices. We must be aware that: it is not good looks, celebrity, political rethorics, entertainments, and other kinds of stupid things that entice us to vote for certain candidate. Candidates using these methods in their political campaigns cannot solve our country’s problem. They are POLITICALLY BANKRUPT. It is COMPETENCE and CHARACTER that can be guiding factors .
Character is his/her integrity, records, political agendas, and behaviors/misbehaviors. Competence is what he/she can do for us. To solve our country’s problem. To lead us where we want to go.
When everything else failed to reform and eradicate government’s abuses and ineptitudes the best move by the citizens would be to “SURGE-THE-GATES”. Sad to say it will fail.
Because some are too lazy, some also love Gloria so much…they will just mumble…”let’s move on”, or, “wait for 2010″. And yet they have the gall to blame the people for their laziness and their misplaced love for Gloria.
When the Filipino people already has given Gloria the verdict…138 percent negative, repeat NEGATIVE, POPULARITY and APROVAL RATINGS.
Asa pa ba tayo sa mga move on crowd na yan.
Ang gulat ko, akala ko naligaw ako sa ibang blogsite, heheh.
Nick, mukhang ok naman itong bagong format.
Bert,
First impression ko, kala ko miss pandak shutdown FV for a moment there. LOL!
we’ve been hacked before Mario.. 2 times already..
National security is our number priority.
The fact is , we are now an overpopulated country. Employment demand exceeds supply. If people are unemployed or underemployed, this country will never get to where it should be heading. We need investments and investors to employ our local people. Why is it investors are hesitant to come to our country? My guess, our national security and their security are not guaranteed. Therefore, it is common sense to understand supply and demand between a given population and the policemen required. Peaceful populations require force ratios of somewhere between one and four police officers per thousand residents. The United States and many countries in Europe and Australia have about 2.3 sworn police officers per thousand residents. Larger cities tend to have higher ratios of police to population.
In security alone, employment can be generated by training many men in this country to become competent police forces in proportion to our growing population. Many men in this country are in jail and they are now being trained how to dance… sumikat pa naman..
Therefore, there must be a training center or a police academy , a degree to become a competent police force. When there’s a fair supply of policemen in this country , it will then encourage competition of skills that will eventually protect the citizens, small businesses that can expand. Our country’s overall investments will flourish and many will be employed. Who would want to expand a business in Mindanao if one can get kidnapped for ransom or his/her place of business is a target for ransom?
It’s time to put more budget on training and employing our men to protect the country’s economic health for overall growth.
It is amazing at some of the comments above. I watched parts of the forum where the Presidentiables appeared and almost puked when I heard the questions.
Just look at Leytenian. “National security is our number one priority.” Huh?
All the Presidentiables gave their statements about their goals about solving the issue of poverty.
Poverty first and foremost in light of the advances of humanity is an effect of ignorance. Not of the poor but of the people in charge. The haves so to speak.
It is all about the economy stupid!
In every state there are three principal players – the government, the owners of production and labor.
The opening question to ask the candidates for chief executive of the government is simple.
What do they see as government role in the schemes of things when it comes to policies related to governments role in the economy relative to the stage of societal development in the Philippines?
Everyone is for world peace and health and education for all. Now tell us your plans based on the realities on the ground not only in Forbes Park but in the hinterlands of Muslim Mindanao.
There is a growing movement in the world mainly from the more advanced economies of the world to put aside economic sovereignty and in effect the very idea of nations and nationalism. Naturally directed to the the emerging countries of the world.
The ignorance quotient of the Pinoys is very high in this regard.
GMA used the martial law gambit simply to save face for her utter incompetence and her being compliant for the mass murder in Maguindanao.
My advice for the next President is to sign the Rome Statute and for civil society to charge her for crimes against humanity in the ICC.
The 1987 had weakened the absolute authority for the chief executive to declare and implement martial law.
As long as the free press is not abridged in this weak state they become the last bastion even if they are more mercenary than they are not.
She will never be able to live this massacre down and her attempts at deodorizing herself with martial law will not work.
it’s all about the economy big stupid. how do you employ the poor if they are just killed? how can businesses grow if it’s not secured.
“It is all about the economy stupid!”
And being the most corrupt regime in Asia.
And a gov’t. that does not honor international contracts (ex.-Fraport).
And a president with negative approval and popularity ratings.
And so on and so forth.
Including “security”.
And…Insecurity.
All the reasons why foreign investments will not come to the Philippines.
The fact of the matter is that the 14th Congress has already prepared two political recipes – ready for the servings – as soon as the proper historical occasion is scheduled.
This means that if the ruling political elite (Big League call it that)would decide to go through the ConAss mode, then everything is ‘systems go’. That goes true should they decide going on the ConCon route.
The predicted scenario is that the next head of state would be a Prime Minister under a parliamentary form of government. This is under construction with the clear bid of GMA for a congressional seat in her Pampanga district. The trajectory is toward Congress electing GMA as their Speaker of the House of Representatives.
Then, they will transform the form of government into a parliamentary set up where GMA will be the Prime Minister and true head of state.
This scenario assumes one prediction – that the ruling political elite will be able to sweep all the congressional seats to the extent that it becomes a ruling majority in the Lower Chamber.
If that be attained, it is no longer difficult for GMA to reign forever and ever. Or at it worst, it might just be another nightmare for leaders like GMA with obvious dictatorial and authoritarian bent.