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San Pedro: Our situation cannot get worse with Charter change




Tuesday, April 18, 2006
San Pedro: Our situation cannot get worse with Charter change
By Art San Pedro
Synthesis


I'M so honored and privileged for the opportunity given by Deputy Secretary General Levy P. Laus of the Advocacy Commission for being the first local opinion writer to interview him on the issue of Charter Change.

Mr. Laus is not just a no-nonsense businessman and civic leader but a knowledgeable person on the Constitution and social reforms. His grasp of the issues on constitutionalism is truly admirable. In accepting the delicate job offered by the President, Mr. Laus made a personal sacrifice and did not think of personal glorification. It's all in the name of public service!

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As an advocate of Charter Change, Mr. Laus says it is a "Tabla-Panalo" situation for few Filipinos. Yes, Cha-Cha is not a guarantee, but you have to make a bet it cannot get worse! We have seen how the presidential system has failed us over the decades, and it is high time to make a bet on Cha-Cha. I definitely agree to the proposition.

The constitutional requirement of 12 percent of the total number of registered voters is approximately equal to 5.2 million signatures. According to Sec. Gen. Laus, this minimum number of 5.2 million has already been met. It is estimated that as of now, there are already close to eight million signatures and the number is still increasing.

Mr. Laus is all praises to Senator Lito Lapid for holding his ground in Senate. There was not a single moment that Senator Lapid abandoned his provincemate President Gloria Macapagal-Arroyo. Even at the height of the jueteng-gate scandal and the "Hello Garci" tapes, Senator Lapid never reneged in his support. Indeed, according to Laus, Senatpr Lito Lapid showed his true stuff as a leader and as a Kapampangan.

Laus also paid tribute to Governor Mark Lapid for rallying the Kapampangans in support of the President. Even at the height of the foiled coup attempts against the administration of President Arroyo, the father and son tandem of Senator Lapid and Governor Lapid, together with officers of the powerful Union of Local Authorities of the Philippines (Ukap), have demonstrated their solid support and loyalty to President Arroyo.

Section 4, Art XVII states: "Any amendment to xxx this Constitution shall be valid when ratified by a majority of the voter cast is plebiscite which shall be held not earlier than 60 days nor later than 90 days of the approval of such amendment xxx.

Any amendment under Section 2 hereof shall be valid when ratified by a majority of the votes cast in a plebiscite which shall be held not earlier than 60 days nor later than 90 days after the certification by the Commission on Elections (Comelec) of the sufficiency of the petition."

I believe that the sub-paragraph of Section 4 Art XVII applies in the case of People's Initiative while Section 1 of Art XVII deals with the amendment or revision of the Constitution via constituent assembly or constitutional convention.

During the interview, Laus confided that the mindset of the 12 remaining commissioners of the Adcom is already in the plebiscite contemplated under the second paragraph of Section 4, Art XVII. This is understandable in light of the report that the number of petitioners as of today is above the 12 percent requirement equivalent to 5.2 million petitions, the actual level already being eight million!

Through the kindness of a friend, I have seen a draft petition filed before the Comelec for the purpose of securing or obtaining a certification of the sufficiency of the petition. While the petition partakes of a highly legal question, I believe the deliberation will be fiery if not bloody. Fireworks will explode from politicians and lawyers of both camps. This is all part of a democracy, where there are two sides of any issue. I do not intend to pre-empt this work of the Adcom but I think the question about an enabling law under sub-paragraph of Section 2, Art XVII will be raised by the opposition.

Laus sums it up by saying, "When the plebiscite will take place, I am sure the people will vote intelligently." The people are now talking about people's initiative and that is all that matters in the meantime. It is one-step in the right direction."

(April 18, 2006 issue)
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