December 16, 2005 · Posted in: Charter Change, In the News
The Con-Com finishes the job, but what next?
THE 55-member Consultative Commission (Con-Com) on charter change wound up three months of work late last night with a package of proposed constitutional amendments that contained a sweetener for President Arroyo and other elected officials: the postponement of all elections until 2010, with all incumbents (including congressmen and local officials whose terms expire in 2007) remaining in office until then.
The Con-Com’s package contained few surprises: the shift to a "classical" form of parliamentary government, a gradual, "constituent-initiated" transition to federalism, and the lifting of the ban on foreign ownership of natural-resource companies, public utilities, educational institutions and other industries. These proposals hew closely to those that had been made by the House of Representatives and Speaker Jose de Venecia, who is widely believed to be eyeing to become the first prime minister under a parliamentary setup. (Click here for an analysis of charter-change proposals and here for a table summarizing proposed amendments.)
Predictably, the proposals received only a lukewarm reception from the Senate. For one thing, the proposed parliament is unicameral, meaning the Senate or Upper House will be done away with altogether. Moreover, many senators see the charter-change proposals as a mechanism intended to keep Arroyo in power in the face of widespread public disaffection with her government. They say that the Con-Com, whose members had been handpicked by the president, is not a representative body and prefer that charter amendments be made by an elected constitutional convention.
The Con-Com’s proposals, however, will likely appease the faction of the political class aligned with de Venecia and former president Fidel V. Ramos, who have pledged conditional support for Arroyo if she agrees to changing the constitution. But without the Senate’s approval, it is unlikely the proposed charter amendments will pass Congress. Even if they do, these amendments would still need to be ratified in a plebiscite. So far, as shown in the recent Pulse Asia poll, 60 percent of the public does not favor a parliamentary system.
The sweetener — in the form of term extensions — might, however, provide the incentive for politicos to campaign for the approval of the proposed charter changes in the face of public skepticism about them. With such an inventive, local politicians may be convinced to mobilize their political machines for a pro-"cha-cha" vote.
The Con-Com proposes the creation of an "interim parliament" to be constituted from the two Houses of Congress in 2007. Arroyo, as president, will be head of state and head of government although an interim prime minister will also be elected, exercising the same powers now exercised by the House Speaker. The president will head the parliament from 2007 to 2010, and will keep her executive and appointing powers. She will appoint the Cabinet from members of the interim parliament, although she is also given leeway to pick from outside "experts in their field." She cannot, however, dissolve the interim parliament. Noli de Castro, meanwhile, will remain vice president during that period. (Click here for the text of the transitory provisions.)
By 2010, however, a new parliament will be elected. The prime minister, elected from among the members of parliament, will take over as the new head of government, exercising most of the powers the president now has, including appointing a Cabinet (mostly from parliament). The president will become a ceremonial head of state with little powers. He or she will also be elected from parliament.
All officials will have a term of five years, and elections wil be held every second Monday of May starting 2010 and every five years thereafter. Term limits will also be lifted. In addition, 30 percent of parliament will be elected through sectoral or proportional representation.
Con-Com members say that the "transitory provisions," which tackled the mechanics of the shift were the most contentious, generating hours of heated debate in the last two days.
The mechanics of federalism were also hotly debated. In the end, the commission agreed to junk the proposed mandatory shift to federalism. Instead, it gave parliament 10 years to implement the shift. Parliament also has the power to grant federal status to local government units that petition for such a shift. The body is given a year to study the petitions, which can only be made when the new parliament is in place in the second half of 2010.
While the majority (35 of 55) voted for the proposals, a vocal minority composed of seven Con-Com members, dissented (although only five were present in the voting). These include businessman Donald Dee, former congressman Gerry Espina, Anthony Acebedo, Marty Lim, Jose Leviste, Jose Villanueva, Rene Azurin and Anthony Acebedo.
In a letter to the President, the dissenters said that "the positions taken by the Commission’s majority on these issues are based on deeply flawed and faulty arguments." They also asserted that the public consultations conducted by the Con-Com "did not allow for an adequate airing of the relevant issues ."
But Con-Com head Jose V. Abueva, a university president and political science professor, disagreed. "There were difficult moments for us but it’s all part of the process," he said. "I believe the collective decision of the commission is good for the country."
23 Responses to The Con-Com finishes the job, but what next?
oscar
December 16th, 2005 at 11:30 pm
are filipinos dumb!!stupid!! why we dont move..why are we very quite to all this that`s happening in our country..almost all are laughing when Gen Abat form his transitory Govermnet..for me he is one of the filipinos who have gut`s..to fight the evil without rancore..they in our modern times like Gen Gudani,LCol Balutan,mr Lucman,Sandra Cam and all the so called militants and leftist who wants to change and fight all the corrupt in the Goverment.they are all filipinos who trully love this country..not those who ridicule them or brand them as criminals..communist,terrorist etc.
isn`t those who are in the Goverment ridiculing this true filipinos are those are the one putting and endangering the lives of every filipino born or to be born.the head of this institution who were all appointed by GMA.Senga,Lomibao,Bunye,Ermita,Doj Gonzales,Mike Defensor,Claudio,Tiglao and others are only protecting themselves for living the luxurious life to the expense of the taxpaying and ordinary people.sure they will protect GMA for lying,cheating and stealing for they are also the recipient of monetary and position in the Goverment.
please let us all wake up and decide what is best for us filipinos..not this few evils in the goverment,claiming that they are doing this for the majority of filipino citizens..a big no..no..they are all doing this for their own vested interest..that is true and its a fact!!
zeustar100
December 17th, 2005 at 1:47 am
However we change the system
File this law, push that bill
With the same persons in power
We’ll rot in hell, still.
zzzzzzzZZZZZZZZZZZZZZzzzzzzzzzzzzzzzzzzzzzzz…………….
luzviminda
December 17th, 2005 at 2:00 am
Filipinos don’t agree with this Con-Com. Obvious naman na bayaran ni GMA ang mga member nito. And the commission is created only for GMA’s survival. Filipinos still want the Democratic for of Government. People still want to choose the people who will lead them. Let us fight against this evil scheme of GMA to stay in power. She is not the real chosen leader on the country. Konting panahon na lang at mapupuno na ang salop at mag-aaklas na ang bayan!
luzviminda
December 17th, 2005 at 2:01 am
Filipinos don’t agree with this Con-Com. Obvious naman na bayaran ni GMA ang mga member nito. And the commission is created only for GMA’s survival. Filipinos still want the Democratic for of Government. People still want to choose the people who will lead them. Let us fight against this evil scheme of GMA to stay in power. She is not the real chosen leader of the country. Konting panahon na lang at mapupuno na ang salop at mag-aaklas na ang bayan!
bukolitos
December 17th, 2005 at 2:25 am
Are the elite deaf to the clamor of the Filipino people. Most of us, doesn’t recognize GMA as the president and want her out of office. She stole the votes of the people and she has no mandate. Yet they want to legitimize her stay in power through Constitutional amendments. Like the election and the impeachment, she is buying the congress. They know that the congress can be bought kaya, hey go for the amendment buddy and you ‘ll get 3 years extension for free. That means more money for you.
almaeg
December 17th, 2005 at 4:41 am
a BIG NO!!!!. pwede ba alam na alam naman kung sino at bakit gusto nilang chacha. matatapos na po ang term nitong mga hinayupak na mga tongressmen at mga local officials na tuta ni arroyo. tapos na career nila. jvd will never be a leader kung may botohan kaya “nagkukumahog? ang tuta na ma-approved chacha para yung ambisyon nya na hinde manyayari sa election ay kanya ng matutupad.
anyway hinde ito papasa sa senate. at lalong ayaw ng mga tao. pero sa plebiscite pwede uli madaya kung comelec na naman. 60% lang ba? posibleng madaya. kung walang dayaan at ibase sa nakaraang election na nanalo si fpj vs. gma, di lalo na ngayon na 80% ng tao ayaw na kay arroyo. kasi chacha means arroyo and cohorts no way! di ba people?
Toro
December 17th, 2005 at 7:41 am
Now that the ConCom has finished its job in initiating the amendments to the Constitution let’s see how it goes in the second phase when the incumbent Congressmen will draft it in its final form. If the final draft turns out to be more favorable to Gloria and is submitted to the people for approval in a referendum, it is likely that 76 percent of the electorate who represent the negative satisfaction rating in the surveys will reject it outright.
This is a reality that Malacanang and Congress must realize before they force the amended Charter down the people’s throat otherwise all their efforts will be for nothing.
People have become so frustrated by their acrimonious behavior that people will deny them of support. This 76 percent majority are looking for ways to fight back and rejecting the ChaCha is one way of doing it.
Moreover, people will never restore their trust in the Comelec to handle the referendum for as long as that body is not overhauled completely and all Commissioners replaced.
Rizalist
December 17th, 2005 at 8:13 am
The real story is being told on AM Radio — may bagong hangong sistema na tayo ng pamahalaan at papalitan ang titulo mula Presidente sa Prime Minister simula 2007. Ngunit bigyang pansin ang wiretapping controversy sa US. Baka maintindihan natin ang Gloriagate. Nagwiretap daw na walang Court Order si Bush? May kilala ba tayong gumawa rin noon? Kailan? Paano?
obet
December 17th, 2005 at 5:42 pm
Sa mga oras na to, di ko alam kung ano ang mararamdaman ni VP Noli de castro. Kung susuriin mabuti ang mga amendments na ipino-propose ng ConCom, lumalabas na wala ng papel dito si Ka Noli hanggang 2010 kundi alalay ni GMA!. Ang chance na lang nya na maupo bilang pangulo ay kung maging incapacitated o mamatay ang pangulo.
Siguro, this is the right time for him to consider the offer made by the Black and White Movement to him. Baka maunahan pa sya ni Joe de Venecia!.
ka emong
December 18th, 2005 at 7:14 am
talagang puro pakapalan na laang ng pag mumukha ang ginagawa ng mga punyetang nasa gobyerno. kahit mga isinusuka na ng higit na nakakaraming mamamayan. ay talagang patuloy ang pangunguyapit sa poder ng kapangyarihan ng mga tutang ito. may araw din kayo mga hunyango.
meinardus
December 18th, 2005 at 5:31 pm
Of the politicos who will not appreciate “no el” i can think of many vice mayors, vice governors and others vice…s
I hope, also in this case, pcij sticks to the good tradition of making available the entire con com document (or at least a link to it). Also in respect to the commissioners one should read the entire text before starting the debate..
Alecks Pabico
December 18th, 2005 at 5:57 pm
Yes, Dr. Meinardus, we will indeed be making the Con-Com’s report available for download as soon as we get hold of a copy.
naykika
December 18th, 2005 at 6:06 pm
the role of the vice president is subservient to the president. that is why in pure presidential form the vice president is not voted into office but follow the winning president. more or less as a succesor or the president hatchet man. the president may or may not give the vice a prominent role. ours is different though, because both are elected and could come from opposing parties. so the com com as obet noted taking the role out of vice “noli” maybe just copying the US model. imitation is flattery, but i wish they com com should come up with proposals best suited for the country – rather than copy a piece of bit from one system and others.
Toro
December 19th, 2005 at 8:00 am
Rizalist, mabuti pa si Bush inamin na pinagutos niya mag-wire tap para mahuli ang suspected terrorists pero si Gloria dedma lang at ayaw makialam. Bakit? Masasabit siya kasi whether pinagutos niya o hindi dahil hindi naman tungkol sa national security kundi tungkol sa electoral fraud. Simply disgusting.
INSIDE PCIJ: Stories behind our stories » In the Con-Com, trapo power trumps star power
December 19th, 2005 at 3:13 pm
[…] As previously reported in this blog, the Con-Com proposes the suspension of the 2007 elections, with all officials staying in place until 2010. Meanwhile, Congress will be transformed into an interim parliament, with President Arroyo remaining as head of government until elections are held in 2010. (Click here for the transitory provisions as proposed by the Con-Com.) […]
lokalokang matino
December 21st, 2005 at 1:47 am
WHAT NEXT? Punit-punitin, gutay-gutayin, tapak-tapakan, sunugin at itapon sa basurahan. In the first place, hindi dapat nagkaroon nyang punyetang Con-Com na yan. It’s plain divertionary tactic ni Arrovo!!! at panlinlang sa mga taong nag-aalinlangan sa kanyang pagka-puwesto
sa Palasyo. I was even surprised when the Con-Com composition accepted the job. Tingin ko, kulang sa pansin ang mga yan. Why they allow themselves to be used is beyond imagination. We can not call them TANGA because they’re all educated OR maybe they are? We can not call them STUPID because they seemed to be sensible persons OR maybe they are? Kaya nga this country will never move on as long as there are people who allowed themselves to be used. How much of the precious taxpayers money were spent for this useless endeavor? A lot of people are homeless and without food on their tables. They all acceded to Arrovo’s ploy, without even thinking where the hell, she’s getting the budget for that self-serving initiative. In effect, these Con-Com people tolerated GLORIA’s misrule, deceit, cheating, thieving and lying. Con-Com is not the answer, I believe a REVOLUTIONARY GOVERNMENT is what we need, a SURGICAL LIFT that will drastically change and replace the corrupt people in government. MABUHAY ANG PILIPINAS!!!!!!!!!
INSIDE PCIJ: Stories behind our stories » Survivor of the Year
January 3rd, 2006 at 6:54 pm
[…] In terms of Cabinet appointments, for example, our bet is she will name more of her allies in Congress to head government departments. Pleasing the House now is a hedge against the possibility of an impeachment complaint succeeding this year. She will also give favored legislators even more money for their districts, aware of the fact that, barring No-El (or no election as proposed by the consultative commission on charter change), many of them will be running for reelection in 2007. She probably figures, as do her enemies, that if she survives until 2007, she’s home free until her term ends in 2010. […]
My Liberal Times » Blog Archive » No to No El (No Elections)
January 14th, 2006 at 6:02 pm
[…] The proposed scraping of the 2007 general elections contained in the transitory provisions of the Consultative Commission’s (ConCom) report for the amendment of the Philippine constitution is at the very best a bizarre idea. Assuming that the intention of constitutional reform is improving the democratic quality of government, then abolishing elections, the heart and substance of democracy, could be called the wrong strategy. […]
m38manila
January 14th, 2006 at 8:39 pm
Well here’s my 2 cents worth.
The way Ramos, you know that guy who believes he did such a great job when president (albeit this was during incredible global economic growth and nevertheless when Thailand fell we hurt the most. And this was many years before the US took a hit. Remember the peso going from 24.6 to 45 plus? Yeah, his policies we so good, and HIS (LOL Ramos not the other HE) legacy was so long lived?!?!?!?! that we still got screwed in the end. Gee was he really as good as he thinks he was? ANd how many of us really believe it???).
Anyway, the way this guy carries on, charter change is a done deal. He just wants Gloria out of bed, so he can jump in (the pension scheme for former presidents obviously isn’t that good). Unfortunately, one can only assume, because of the way things seem to run around here, that he doesn’t have the, well influence he had before. And she ain’t budging. She keeps slapping this guy so hard it ain’t funny. I mean, I even feel his humilitation. Has she paid the right guys in the military? Yeah you know, like the airforce guys who don’t even have one operational fighting aircraft anymore. That’s right, the guys who call themselves the air defense of the Philippines ( I hear they can now throw rocks so high into the sky that they can even hit an airplane on its way down to earth after all engines fail!!! ROFLOL).
Anyways, I think Mr. former president knows the right people to make the vote for cha-cha turn out the way he wants it. He just doesnt want her to be there. So there will be charter change and the LETHARGY in the electorate will continue to be well….. lethargic. Ahhhhh, truly democratic…. errrr philocratic.
Thanks for allowing me to blabber once again.
Oh and happy new year. LOL
INSIDE PCIJ: Stories behind our stories » Former Con-Com member reveals inside story on charter change
March 1st, 2006 at 5:46 pm
[…] When the Con-Com submitted its report to Arroyo in December last year, Section 7 of Article XX, known as the NO-EL (no elections) provision, assures that the interim Parliament (2007-2010) will be filled with tried and proven allies, ready to do Pres. GMA’s bidding. But Paterno said that other cited sections, Sections 7, 9, and 11 to 13, of Article XX that are not as widely known, are more disturbing. […]
INSIDE PCIJ: Stories behind our stories » People’s initiative: Two contrasting views from former Con-Com members
April 7th, 2006 at 1:29 am
[…] REFLECTIVE of the sharp division among Filipinos on the issue of charter change, former members of the Consultative Commission (Con-Com) created by Gloria Macapagal-Arroyo to study and recommend amendments to the 1987 Constitution continue to oppose each other over the current “people’s initiative” campaign for a shift to the parliamentary form of government. […]
INSIDE PCIJ: Stories behind our stories » MBC warns against ‘fast-track’ cha-cha
April 11th, 2006 at 11:57 am
[…] The MBC also noted that even the Consultative Commission, tasked by the President to consult with the people and make recommendations to the Executive, failed to reach a consensus when it wrapped up its job in December last year. While the majority (35 of 55) of the Con-Com voted for the proposals, a minority of seven members dissented. […]
INSIDE PCIJ: Stories behind our stories » In 1971 and 2006, new charters designed to keep embattled presidents in power
April 30th, 2006 at 6:08 pm
[…] The series was written by Raissa Espinosa-Robles who, in 1984, wrote a 14-part series on the Marcos constitution for Business Day. Raissa dug up her files again and found transcripts, interviews and speeches that attest to how similar the current situation is to 1971-73, when Marcos managed to ram through a new constitution. This series compares historical material and transcripts of recent discussions in the Consultative Commission (ConCom) and found the following similarities: […]