Charter Change - For Whose Benefit

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Charter change: For whose benefit?

February 3, 2024
There is once again a push to change or amend the Philippine Constitution. The
opening salvo is the signature campaign for a people’s initiative to amend the
Constitution that will enable the House of Representative and Senate to revise or
amend the Constitution as a constituent assembly voting as one rather than
separately. This move which appears to have been initiated by Speaker Martin
Romualdez is being carried by the House of Representatives and local government
officials all over the country using public funds and giving financial aid to those
who sign the petition. This is not really a people’s initiative. At the urging of
President Bongbong Marcos, Senate President Miguel Zubiri has agreed to study
the economic provisions of the existing Constitution and consider the possibility of
charter change. Apparently, changing the Constitution is part of the agenda of the
Marcos administration.

Why is the Marcos administration rushing to change the Constitution? Is it really


necessary? Who will benefit from charter change? The recent ads that appeared on
TV to promote the charter change give the impression that the Constitution that
was crafted after EDSA People Power is the source of the lack of economic, social,
educational and political progress in the country. This is evident in the use of the
term “EDSA-pwera” — a play on the word “etcha-pwera”. It asserts that the
Constitution has not benefited the ordinary people. Thus, there is a need for charter
change.

The primary reason that has been given for changing the Constitution is to have
new economic provisions favorable and beneficial for business— especially
foreign investors and their local partners. This means eradicating totally nationalist
economic provisions. However, many senators insist that that even without
changing the Constitution, congress under the previous administration was able to
pass laws that made it easier for foreign investors to operate (e.g. one hundred
percent ownership of manufacturing plants, long-term land lease, oil exploration in
partnership with government, etc.). What has not been changed is the exclusive
ownership of land by Filipinos. Foreign companies who have pledged billions of
dollars in investment have not demanded changes in the Constitution. Nor is
charter change included in the government’s long/medium term economic plan. If
it is not necessary for economic reason, what really is the ulterior motive for the
Marcos-Romualdez urgent move for charter change? We can only suspect that it is
political. Beyond the economic provision, the goal could be changing the form of
government (parliamentary or federal). This could also include changing the term
limits. If this is true, then this will benefit the Marcos-Romualdez political dynasty.
This could be a means for perpetuating themselves in power. Is this the reason why
Duterte who was in favor of charter change while he was president is now opposed
to it because it can affect VP Sara Duterte’s presidential ambition? A change to
parliamentary form of government will mean doing away with the senate. This
could explain why most senators are lukewarm to the move for charter change.

The 1987 Constitution is the child of the EDSA People Power Revolution. Besides
guaranteeing the basic rights and rule of law, the Constitution aims to prevent a
repeat of the Marcos perpetual authoritarian rule. This explains the term limit for
the president. The anti-dynasty provision is meant to do away with political
dynasties – although congress has not yet come up with enabling laws to make it a
reality. The nationalist economic provisions are meant to prevent foreign
domination of the economy and allow the growth of Filipino business and spur
national industrialization.

We must, therefore, be wary of moves to change the Constitution designed to allow


the perpetuation in power of political dynasties. A change to parliamentary form of
government is not realistic in the absence or lack of genuine political parties. The
Philippines faces a lot problems— economic, political, social, educational,
environmental. Charter change is not a solution to these problems. It may even lead
to a worsening of these problems. It will not benefit the Filipino people —
especially the poor. It will only benefit the Marcos- Romualdez political dynasty.
The Filipino people and the Church in particular must oppose this self-serving
move.

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