Friday, March 31, 2006
Arroyo involvement in people's initiative 'just incidental'
CEBU CITY -- No laws were violated when barangay assemblies became venues for gathering pro-Charter change signatures last weekend. And there is no law preventing government workers from discussing Charter amendments, said a key figure in the Cha-cha Thursday.
"There is no law being violated. This is not a partisan activity, and we are not talking about candidates. We are talking about basic problems and basic remedies," said Dr. Jose V. Abueva, chairman of the Consultative Commission (Concom) that drafted recommendations for amendments in the 1987 Constitution.
Abueva also urged those who favor amending the Constitution not to be distracted by accusations the Arroyo administration is using the process to stay in power longer.
"In our history, the incumbent president is always involved in Charter change, as our experience showed us in the 1935, 1973 and 1987 Constitutions. Every president, whoever is the president, was always involved whenever the Constitution was amended. We need presidential leadership. It just happens that this President is unpopular."
Abueva added: "We should have changed the Constitution eight years ago. The President is just incidental, she just happens to be there."
The political science professor and former president of the University of the Philippines was a guest speaker Thursday in the Regional Forum on Decentralization, organized by the Regional Development Council, National Economic and Development Authority and the German Technical Cooperation agency.
Step back
Meanwhile, in a speech in Tagaytay City, President Gloria Macapagal-Arroyo asked politicians to stop blocking the so-called people's initiative. "Better stand back because this train has left the station. It is time for politicians to step back or get run over," she said.
In July last year, at the height of allegations she and an elections commissioner rigged the 2004 elections, President Arroyo raised constitutional amendments as a way out of the political crisis.
But critics say any attempts to amend the Charter -- including last weekend's signature-gathering campaign in the barangay assemblies -- are merely designed to ease the pressure on and ensure the survival of the Arroyo administration.
In Thursday's forum, Dr. Abueva said he is "optimistic and hopeful" that the process of amending the 1987 Constitution will move forward this year, even as he stressed the urgent need for change.
"If we fail to revise our Constitution now, the campaign for the presidential election in 2010 will overtake us. Then we shall have to wait until after 2016 to initiate constitutional reforms. But should we, or can we, really wait?" said Abueva.
As to criticisms of the Department of Interior and Local Government's (DILG) role in last weekend's barangay assemblies, such as distributing leaflets and signature forms, Abueva pointed out that the DILG "acts for the President."
Pressure
"And the President, under the Constitution, has general supervision over all local governments, including the barangays."
He also confirmed that according to the commission's proposal, President Arroyo will be eligible to run for Parliament after her term. The only proposed restriction is that members of Parliament should have at least a college degree.
Cebu City Mayor Tomas Osmeña believes the DILG is simply "being pressured" to take an active role in the people's initiative campaign.
The same is true for members of Congress who are lobbying for constituents to sign the forms, in the hope of gathering three percent of the registered voters in their district, he added.
In an interview Thursday, Osmeña, while agreeing that what DILG did was improper, said it is just executing orders from higher officials.
"I think it's improper but I don't like to make an issue out of it. They don't have anything to do, so whatever they want to do, okay lang na...as long as it doesn't get in our way," the mayor said of DILG.
Motives
Instead of worrying about the proposed Charter change, Osmeña said he would prefer to focus on the city's problems such as bribery and problems with red tape at City Hall, as pointed out by respondents of a survey on the competitiveness of cities.
"I think most of what they said is garbage. Except for two things. Bribery in City Hall and bureaucracy. Kana bilib gyud ko (I agree with that). But I don't need an expert from the Asian Institute of Management to tell me that. I've learned that from the beginning," said Osmeña
While admitting several amendments could prove beneficial, he urged people to be wary of the agenda of those wanting a shift to a parliamentary system of government.
If the people's initiative succeeds and the Commission on Elections (Comelec) arranges for a plebiscite on Charter change, then he will do more than just issue statements.
"If it reaches that point, I will actively campaign against it," Osmeña said.
The Cebu provincial office of Comelec is requiring a subscribed formal letter from a proponent before they will verify signatures solicited from the barangay assemblies.
Change
Provincial Supervisor Edwin Cadungog is requiring this, even with the go-signal from the Comelec head office that the signatures gathered may be verified by the local Comelec.
As of Thursday, the local Comelec has not received any request for verification of signatures.
In 1997, the Supreme Court had ruled that Republic Act 6735 was insufficient for a valid exercise of a people's initiative in amending the Constitution.
Dr. Abueva, however, said Thursday that the High Court can change the doctrine, should another case be raised before it to test the people's initiative law.
Chief Justice Artemio Panganiban, who was then an associate justice, had written one of two dissenting opinions in the 1997 case (Miriam Defensor-Santiago vs. Comelec).
Part of his opinion read: "Initiative, like referendum and recall, is a new and treasured feature of the Filipino constitutional system... While, on the one hand, their misuse and abuse must be resolutely struck down, on the other, their legitimate exercise should be carefully nurtured and zealously protected." (RHM/MBG/IDA of Sun.Star Cebu)
(March 31, 2006 issue)
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