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Thursday, August 31, 2006
Lawmaker defends people's initiative moves
By Lizanilla J. Amarga
CAGAYAN de Oro Representative Constantino Jaraula Wednesday defended the petition of Sigaw ng Bayan and Ulap for Charter Change under the People's Initiative arguing that these groups are moving for mere "amendments" and not "revisions" of the 1987 Constitution.
In a statement to Sun.Star, Jaraula said the filing with the Commission on Elections (Comelec) by Sigaw ng Bayan and the Ulap of the formal petition for Charter Change under People's Initiative should be given due action by the poll body.
He said Sigaw ng Bayan and Ulap's move for a fundamental shift from the present bicameral presidential to the unicameral parliamentary system of government "is designed to save the Republic."
This from "recurring instability brought about by unabated political conflicts given the weaknesses in the present system and the unforgiving Filipino culture."
For Jaraula, the "concentration of so much power" in the presidency under the 1987 Constitution "destroys the imagined balance among the principal departments of the government."
He said it also "perpetuates the continuing political conflicts and gridlocks no matter who sits in Malacañang."
Jaraula said there is also the "enormous expense" in presidential elections from Batanes to Tawi-Tawi.
He said these kinds of elections nurture the "culture of cronyism" that has "subjugated the sovereign people to the greed and manipulation of the rich and powerful."
"Worse of all, the 'colonial' economic provisions in the Constitution, a carry-over from the impositions of the Americans in the 1935 Constitution and through the Commonwealth years, have crippled this country," he said.
"It has made it uncompetitive in a globalized market where economic realities respect no territorial borders."
Adequate
Jaraula who is also chairman of the House Committee on Constitutional Amendments said the People's Initiative undertaken by the Ulap and the Sigaw ng Bayan, among others, is "complementary" and not contrary to the move in the House for the approval of the amendments through a Constituent Assembly.
Jaraula maintains that Republic Act 7635 is "adequate" for purposes of proposing amendments to the Constitution.
He cited how this was held by one-half of the members of the Supreme Court in 1997, two of whom are still with the Court today, based on the Journal of the Constitutional Commission of 1996 and the philosophy behind "people's initiative".
Furthermore, Jaraula said the proposed amendments under the people's initiative "readily qualifies" under the category since they do not and cannot qualify as "revision" under the 1987 Constitution.
"They do not address the entire constitution but are limited only to the system of government under Articles 6 and 7, or one subject matter," he said.
For Jaraula, the 1986 Constitutional Commission defined what constitutes "revision" as those that address the entire constitution.
"Necessarily, if they are limited to a specific subject matter thereof then they are merely 'amendments' and not revision," he said.
Jaraula said Constitutions must be interpreted in the "light of the milieu" in which it was written.
He said any justifications and philosophy behind each subject matter should be seen in such conditions.
"This is so that the real intent of the framers thereof will prevail and not be subordinated to emotional or traditional approaches," he said.
(August 31, 2006 issue)
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