|
Monday, March 27, 2006
Allies question Charter change method
CEBU CITY -– Unlike Mayor Tomas Osmeña, several Cebu City legislators agree it is time to make amendments to the 1987 Constitution.
But what some of them question is the method the Arroyo administration is using -- an organized, barangay-based signature campaign being made to appear like a people’s initiave.
Osmeña has said he opposes Charter change in any form, but will not stop those officials campaigning for it, especially those soliciting signatures.
He was particularly wary of the “hidden agenda” of those actively campaigning for it.
Among those actively involved in the effort are representatives Raul del Mar (Cebu City, north) and Antonio Cuenco (Cebu City, south), who said the mayor respected their contrasting views.
But how?
Although they differed how it should be done, Vice Mayor Michael Rama and at least five city councilors said there is a need to amend the 1987 Constitution.
One of three ways of revising the Constitution is through a people’s initiative, which the Department of Interior and Local Government (DILG) is actively pushing for, especially in Cebu City.
Mambaling Barangay Councilor Wilfredo Go, in a separate interview, said a Cebu City DILG personnel told him they have five days to get at least 200 signatures from among the barangay’s registered voters.
The people’s initiative forms, along with a one-page Charter change primer and “solicitor signature report” forms, were given to the barangay last Saturday.
The people’s initiative forms require each registered voter to write their precinct number, name, address and signature.
DILG personnel reportedly worked overtime to distribute them to all 80 Cebu City barangays last Saturday.
6 of 200
Article 17, Section 2 of the Constitution specifies that amendments “may likewise be directly proposed by the people through initiative, upon a petition of at least 12 percent of the total number of registered voters, of which every legislative district must be represented by at least three percent of the registered voters therein.”
This means that for a precinct with 200 registered voters, six signatures are needed.
And if there are 50 million registered voters in the country, the people’s initiative will be successful if it gathered six million signatures.
Barangay Captain Rodolfo Estella, in an interview, said he delegated to Go the task of identifying so-called “signature solicitors” whose names he said the DILG asked.
Go said they were told that the barangay will either take care of the honoraria for the signature solicitors or convince them to volunteer for the task.
Cause-oriented groups earlier complained about the use of government money and machinery in an effort to get signatures, just so the Constitution could be amended.
Singled out
Proponents want, among others, a shift of government from a bicameral presidential to unicameral parliamentary form.
It was also the proposition presented in the people’s initiative form, even though changing the Constitution also involves other amendments—such as granting full ownership of properties in the country to foreigners.
In a telephone interview, Rama said many presidents have come and gone but it seemed the country is going nowhere. He wanted amendments to be introduced through a constitutional convention, which he believed is the most democratic way.
Councilor Jocelyn Pesquera is of the same opinion, saying a convention is the best way to improve the Constitution, “which was crafted more out of fear” because the country had just ended the 20-year reign of former dictator Ferdinand Marcos.
Councilor Sylvan Jakosalem also said the 1987 Constitution has provisions that need to be improved, and the people are the ones in the best position to decide though an initiative.
Local power
Councilor Gerardo Carillo said it is only in amending the Constitution that local government units would be more empowered.
Councilor Jose Daluz III also said the autonomy for local government units (LGUs) will do well for development.
Councilor Edgardo Labella also agrees there is a need to amend the Constitution, but certain provisions only.
Councilor Hilario Davide III sees no urgent need to amend the Constitution now, saying the government could ask the people by including it during the elections next year.
He said that if there will be amendments, they should be done “piecemeal”, not as a major overhaul.
He said he does not see any reason the Constitution should be restrictive of foreigners owning properties here, when foreign investments have helped the economy.
The current system of recalling leaders, he added, has a lot of flaws. He also wants qualifications for those running for government posts, like in Senate and Congress, adjusted to include at least a college-level education.
Stability
Labella, on the other hand, said changes needs to be introduced in the areas of public accountability or public office, national patrimony and local governance.
In particular, he opposes the change to a parliamentary system, saying it deprives the people of the opportunity to directly pick the president. It also offers “less if not nil” chances of providing checks and balances in government.
Under a presidential system, the executive, legislative and judiciary are separate branches independent of each other.
In a parliamentary system, the prime minister comes from the ranks of those in the Parliament.
The DILG primer stated that the “most stable and progressive countries in the world have a parliamentary government like Japan, Canada, United Kingdom and Malaysia.”
But Labella said it does not follow that having a parliamentary government means we are on the right track to development.
Flawed
He opposes the ongoing people’s initiative signature campaign, saying the initiative “should come from the people, not from the ones in government.”
The Constitution, he added, is also very categorical in saying there should be an enabling law passed by Congress (both Senate and House of Representatives) before a people’s initiative could begin.
He called the current campaign “constitutionally and legally flawed.”
In March 1997, the Supreme Court (SC) rejected the petition of the People’s Initiative for Reforms, Modernization and Action (Pirma) because Congress had yet to come up with the implementing guidelines on a people’s initiative.
Labella said such guidelines do not exist yet.
Councilor Christopher Alix and ex-officio member Rodulfo Estella are still undecided about the issue.
North district councilor Nestor Archival, on the other hand, said time should be spent on answering the needs of constituents instead of devoting energy on charter change.
Other city councilors could not be reached for comment Sunday. (RHM/Sun.Star Cebu/Sunnex)
(March 27, 2006 issue)
Write letter to the editor. Click here.
Join the Sun.Star message board. Click here. |
|
|
|
[return to top]
[home]
|
|
