LAWYERS’ groups are claiming that the current drive to gather signatures in nationwide barangay assemblies for a petition to amend the 1987 Constitution through a people’s initiative has the imprint of Malacañang all over it.

Citing the eight-page draft petition currently being circulated in local government units, the Alternative Law Groups (ALG), a coalition of 17 law groups engaged in developmental lawyering for the poor and marginalized sectors, said that the real intent of Charter change is to shield Gloria Macapagal-Arroyo from being ousted and make her an unimpeachable president until 2010.

The draft petition is seeking to include a new article in the Constitution — specifically Article 18 on the “Transitory Provisions” — that would increase the required number of votes for impeachment from the present one-third of all members of the House of Representatives to two-thirds of all the members of the proposed interim parliament.

Page five of the petition proposing the said article reads as follows:

The incumbent President and Vice President shall serve until the expiration of their term at noon on the thirtieth day of June 2010 and shall continue to exercise their powers under the 1987 Constitution unless impeached by a vote of two thirds of all the members of the interim parliament.

“The Constitutional mode of removing a president would be taken away through the two-thirds vote. The draft petition signifies the real intent of Charter change (Cha-cha) — to practically make Arroyo an impeachment-proof president,” said lawyer Marlon J. Manuel, ALG spokesperson.

Neither the proposed draft of the Consultative Commission on charter change nor the House working version contemplates an impeachment-proof provision in their transitory provisions. But it appears that the House draft is the inspiration behind increasing the number of votes required to impeach an impeachable officer, including the President.

Section 3 of Article XI (Accountability of Public Officers), which proposes the creation of a commission on impeachment states that:

A vote of at least two-thirds of all the Members of the Parliament shall be necessary to convict on impeachment. The vote of each Member shall be recorded.

“Democratic processes are being used for undemocratic ends,” said lawyer Arlene J. Bag-ao, ALG council chairperson. “The Constitution which guarantees the process of people’s initiative as the purest form of people’s participation in governance is now being sullied and abused by a president who wants to be shielded from being ousted through the constitutional process.”

As one of the most revered institutionalization of People Power under the 1987 Constitution, Manuel said that the people’s initative is now being “desecrated for personal interest.”

“Through spreading a fabricated public discourse that Arroyo’s version of a people’s initiative is a means to exercise people’s sovereign rights, the crafters have in fact created GMA’s desired opposite result — the disempowerment of people through the surrender of their absolute right to challenge a leadership that no longer serves their interest. Clearly, it is a game plan that would maneuver victory for Arroyo,” Manuel said.

A similar move for a people’s initiative through a signature campaign was quashed by the Supreme Court in 1997. The Court said Congress failed to pass a law on people’s initiative that would enable such method to amend the Constitution.

ALG member-organizations, which held a general assembly in Bohol province last March 26, also came up with a united stand against charter change, saying it should not happen under the Arroyo administration.

23 Responses to Cha-cha’s real aim, an impeachment-proof
Arroyo presidency — ALG

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polsjs

March 28th, 2006 at 11:49 am

GMA’ss Constitutional Coup

GMA’s central agenda since the “let’s start the great debate” SONA, changing the present charter with her “ultimate solution” constitution will accomplish two objectives: escape from accountability and entrench her and her allies in power. GMA allies will dominate a unicameral Parliament that has the sole power to impeach her. With some of the limitations on her powers today removed, the power to dissolve the Parliament and a “Supreme Court stripped of the power to determine whether she has gravely abused her discretion”, GMA will have the vast powers exercised by President Marcos.

Crucially, GMA’s constitutional coup would effectively undercut any legal and constitutional challenge to her legitimacy and let her stay in power, constitutionally more secure, from the transitory period to 2010 and beyond. Without true mandate, GMA bribes, entices, corrupts and cons to remain in power. Each day that she stays in Malacanang, our patrimony is being plundered, our treasury pillaged, our institutions damaged, our future pawned, our land served as collateral until our sovereignty is virtually surrendered.

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lokalokang matino

March 28th, 2006 at 12:12 pm

Am STARSTRUCK amazed by the inteligence of these little woman from Lubao, wife of Mr. Jose Pidal. She’d successfully turned her PERSONAL CRISIS ( of her own making) into a NATIONAL CRISIS.
She’s gone arrogant,more so becuase she’d got away with everything she wishes and does. Wisely she uses both her appointing and signing powers to win people in her side.

In the end however, almost all institutions except the Senate, had been prostituted.

The STATE OF THE NATION today is obviously in mess.
Influential Thinkers, The Good Senators, The Academe, and everyone should now carefully and seriously assess their position on the issue ” WHETHER GLORIA SHOULD STAY IN OFFICE OR NOT”

For me, I believe, she must go.

The issue of who will replace gloria is not a problem. In the senate alone, we have Senators Arroyo, Gordon, Lim, Lacson, Villar, Roxas,
and Biazon.

I would like to ask whether the Senate can turn itself into a “CARETAKER COUNCIL” to oversee the business of governance for a period of 12months maximum and conduct a SNAP ELECTION for President and Vice-President.

CHA-CHA is no way to solve the country’s problems, although it will solve Mrs Jose Pidals problem.

MANY TIMES, WE’VE BEEN FOOLED by this illegal regime, SHALL WE ALLOW THEM TO FOOL US EVEN MORE?

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Timtim2

March 28th, 2006 at 1:34 pm

lokalokang matino said:
“CHA-CHA is no way to solve the country’s problems, although it will solve Mrs Jose Pidals problem.”

IMHO, mas malaki nga ang posibilidad na maresolba ang mga problema sa bansa sa pamamagitan ng CHACHA.

sa pagkakaalam ko, there’s greater accountability of public officials in a parliamentary form of government than in a presidential system. dahil may direktang partisipasyon ang prime minister sa lehislatura, sya ay walang excuse na hindi sya nasasangkot sa posibleng kapalpakan sa pagsasabatas ng mga bagong polisiya.

madali rin nasisibak sa trabaho ang mga opisyales ng gobyerno lalung lalo na ang mga miyembro ng paliament sa pamamagitan ng vote of no confidence.

mas mabilis pang di hamak ito kesa sa kasalukuyang sistema dahil matatanggal na dekadekadang mabagal na proseso. trabahong ginagawa noon ng dalwang chamber, pwede namang gawin ng isang chamber. ilang linggo lang maisasabatas na ang mga bill. di tulad sa sistema ngayon na umaabot ng tatlong taon bago masabatas. kung sa mas maikling panahon natatapos ang mga importanteng trabaho at mas marami ang nagagawa, mas uunlad ang bansa.

mas hahangaan tayo ng ibang bansa kung magiging mas produktibo ang mga kawani ng gobyerno at may political stability tayo. mas marami ding maeengganyong mga foreign investors kung maiimplement ang paglilift ng mga economic restrictions. milyun milyong pinoy ang magkakaroon ng trabaho.

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malayangibon

March 28th, 2006 at 1:56 pm

Timtim2, the purpose of having two chambers is to widely deepen the debate of the necessity and legality of the bill. This would ensure that whatever bill passed on the Congress, it passed through the carefull and meticulous minds of our Congress.
The danger of having only one chamber to scrupulously verify the necessity and legality of a bill is that it may undergone insufficient test and the worst would easily deliver those unnecessary and beneficial to the few.

The problem, i believe, is not the procedure. It is who shall compose the Congress. Having a Senators and Representatives like today, i doubt that bills are passed through their CAREFULL and METICULOUS MINDS.

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Jon Mariano

March 28th, 2006 at 2:01 pm

In a mature democracy, the Parliamentary form of government will work. The environment should be where the MPs are not easily swayed by money.

The parliamentary form of government can surely make new laws faster, but can it implement it properly too? The downside to being fast is that when the government leaders mean well only to themselves not to the general public. They can be fast too in passing legislations and implementing them even if it’s not for the people’s benefit.

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Timtim2

March 28th, 2006 at 2:05 pm

hindi po ba noong noon pa, kampanya pa lang ata yun, naging “transparent” na si Arroyo na bahagi ng kanyang plano sa ikauunlad ng bansa ay ang Charter Change? bago pa lumabas ang kung anu anong paratang sa kanya (na hindi naman napatunayan), nagset na ng time frame kung kelan ito sisimulan/poproseso.

kukunsintihin na lang ba natin na may magulo tayong lehislatibo? lalo na ngang gumulo simula ng nagkaroon ng multi-party system. nasasayang ang milyun milyong/bilyun bilyong piso sa walang patumanggang debate, grandstanding at privilege speech na nangangamoy pamumulitika lang naman.

panahon na para mabalik ang two-party system. at kasama nga ito sa rekomendasyon. napapanahon na ang isang unicameral legislative branch. napapatigil na lang lagi ang posible sana nating pag-usad dahil sa mga humaharang ng mga kinakailangang reporma. parang mga lumot at kung anu anong halaman tubig sa elesi ng ating barko. hindi na makarating rating sa pangpang ng kaunlaran.

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Jon Mariano

March 28th, 2006 at 5:37 pm

I would like to support those changes, but not in Gloria Arroyo’s time. I have no trust in her. (Remember the Rizal day promise? Remember the I’m sorry for lapse of judgment comedy?)

Those who are going to change the constitution should not directly benefit from it (in terms of money, business, or position in government). The same principle as when the current congressmen and senators cannot increase their own salaries.

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schumey

March 28th, 2006 at 6:58 pm

As long as masaya ang bulsa at busog ang mga tiyan niyang mga politikong allied with GMA, ano kayang vote of no confidence ang maisusulong sa parliamentary system.

When GMA included this Cha-Cha in her SONA, this only showed that the palace has a hand in this people’s initiative. “Di kasi pumasa sa ibang paraan kaya dinadaan nila ngayon sa signature campaign. With the 50 signature’s in the lower house against a constituent assembly, mahihirapan na si JDV makuha ang needed votes niya.

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naykika

March 28th, 2006 at 10:02 pm

Also in Parliamentary form, there is a time alloted during the session period where the governing party (the Prime Minister and his cabinet)and the opposition party or parties face each others in a Question Period where the opposition could raise all issues in a question and answer format. This is the part where they sometimes resort to wrestling and name calling all for the sake of “debating” the proposed bills and any other trivias. Believe me it’s fun to watch.

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penpenpen88

March 28th, 2006 at 11:15 pm

for those of you who think being parliamentary is the solve all of the solutions will sure be in for a big surprise.. if youd recall we were parliamentary once during marcos’s regime.. result all korakot emanated from the presidents office.. cronies left and right.. now babalikan natin un ulet?? havent we learned anything during all those years?? bobo tlga tau… haaayyy

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naykika

March 28th, 2006 at 11:31 pm

What about the one now? Does it work? Or is it Ms Arroyo? Or Was It Pres Estrada? Or Pres. Aquino? or Pres Ramos? Nobody ever think that parliamentary system is the solve all solutions or the magic wand, far from it, what some of us here are suggesting is to take a look at the charter on its own merit without factoring the current administration, then decide. As far as I know the country is still a democracy, otherwise we won’t be arguing here. On my side it is not a problem. thank you..

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cvj

March 28th, 2006 at 11:41 pm

naykika, it’s a ‘democracy’ here because the weblog owner does not censor your comments. in the outside world, you have EO464, CPR, PP1017, raids on newspapers, killings of journalists…

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schumey

March 29th, 2006 at 3:42 am

In a phone interview with UNTV, James Marty Lim (Pres., League of Barangays) who’s a staunch supporter of Cha-Cha said that he is very disappointed by the way these assemblies were conducted. He even said that the release of funds for the barangays were suspect because of the timing. He added that he’s very sure that 90% of those who signed does not understand what they were signing for. He also confirmed reports of monetary rewards for most signatures reported. He said that this “process” is improper and tantamount to bribery.

Coming from an ally of GMA, I guess this is a “rude awakening” for him. For someone full of idealism, I think he would now re-think his support for the administration.

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malayangibon

March 29th, 2006 at 9:39 am

should there be a provision to be amended in our constitution, it should be the one that provides multi-party system. We should adopt two-party system. There is a danger of mobocracy in our present system.
Having no limit as to the number of officials to run for public office, there is always a big possibility of losing the majority vote. Opposition is in greater probability to be the majority. The effect has already been seen by our eyes. EDSA 2, now an impending EDSA 4? when should it end? These are results of an opposition who is the majority.
Now, we say Democracy is rule of majority. The one we choose from the very beginning is not the rule of majority as a whole. It is the rule of the highest vote among the candidates.Which when his/her opponents will be put to one is the majority.

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naykika

March 30th, 2006 at 7:33 pm

cvj said,
March 28, 2006 @ 11:41 pm

naykika, it’s a ‘democracy’ here because the weblog owner does not censor your comments. in the outside world, you have EO464, CPR, PP1017, raids on newspapers, killings of journalists…
———————————————————–
the EO464 is a presidential prerogative. it is a part of democracy, and the reason why was executed is the same as what we have here as a “privy council”. That all close officials to the the prime minister and his cabinet are sworn to secrecy and that whatever taken in privy will remain secret. The only difference ours talk about government business. The CPR is one way to maintain public order. If you are aware lately, some protesters against the seal hunt were arrested and charged because they violated the terms of the permit of their protest.
no matter how huge and important the protests, they are always required by the Police to have permit and conditions for holding them. otherwise the organizers will be charged for illegal assembly. If newspapers that got raided felt that they were wronged, I still believe that they have recourse under the law for recovery for the injuries and damages. As for killings of journalists it is criminal act. We never had any and I’m just wondering why.

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cvj

March 30th, 2006 at 8:17 pm

naykika, i don’t see how presidential prerogative of EO464 equates to democracy. it goes against governmental transparency which is an essential attribute of a democracy. CPR also diminishes democracy as it goes against the right to public assembly. going to court is well and good but raiding a newspaper in the first place is usually not a normal practice in a democracy. you can choose to label ‘black’ as ‘white’ but saying it does not make it so.

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jr_lad

March 30th, 2006 at 9:01 pm

democracy phil style. ba’t kaya di rin mag-issue si bush ng ala eo464 para matigil na yang mga damaging congressional inquiries na yan or di kaya si chirac ay magpalabas din ng CPR para matigil na yang mga kaguluhan sa kanilang mga kalsada.

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naykika

March 30th, 2006 at 9:14 pm

Now, at least we can agree that the only difference is how we practice democracy. All in all it is the intention, not the democracy at fault here, only the practitioneers. Be in the country in 2 or 3 days and it would be nice to see first hand the events i’ve been yaking so much about here and guys thank you all for a very interesting and honest discussion and i hope that somehow we have made a difference for the good of our country and I might be bumping on some of you and remember naykika is not what you might think of. jr-lad may already have some idea. thanks..

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lokalokang matino

March 30th, 2006 at 11:40 pm

EO464, CPR, PP1017, Are all intended to save Mrs. Jose Pidal. These
orders are undemocratic, WHY? because these prevent people to move and speak freely.

In the US even, the Secret Service are not exempted from Subpoena, The US Supreme Court said so.

I just hope the Philippine Supreme Court finally settlle these issues the soonest possible.

CHA-CHA now? No!!! ONLY After gloria is brought to justice.

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Tom

March 31st, 2006 at 6:03 am

lokalokang matino said,” EO464, CPR, PP1017 . . . I just hope the Philippine Supreme Court finally settlle these issues the soonest possible.”

Don’t hold your breath. So far ang record ng SC shows they have two speeds–slow and slower, especially when dealing with matters that give the administration the advantage over the opposition as in the examples you mentioned.

Which brings a related point. If these highly educated justices of the SC take six months or more to decide on a relatively simple matter of the legality or constitutionality of CPR, how can a whole nation be expected to understand and make an intelligent decision about wholesale changes to the Constitution in less time?

Talaga bang tiyopeng-tiyope na ang karamihan sa bansang Pilipinas? Kailan ba kakalusin ang salop?

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lokalokang matino

March 31st, 2006 at 10:08 am

The CHA-CHA will only earn credibility if there is a provision that says:

1. ” ALL INCUMBENT PUBLIC OFFICIALS FROM THE PRESIDENT DOWN TO THE BARANGAY LEVEL WILL NOT BENEFIT FROM THIS CHA-CHA”

2. “THE NEW CHARTER SHALL TAKE EFFECT ONLY AFTER THE LAST REMAINING ELECTED OFFICIAL HAS SERVED HIS/HER
ALLOWABLE TERM LIMITS UNDER THE PREVIOUS CHARTER HAS BEEN EXHAUSTED.”

I challenge gloria and de venecia to include these very important safeguard provision. Let see how honest they are.

Changing the government set up to benefit oneself is highly irregular,and immoral. It is CORRUPTION in the highest Order.

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Toro

March 31st, 2006 at 10:36 am

QUOTE

lokalokang matino said,
March 31, 2006 @ 10:08 am

The CHA-CHA will only earn credibility if there is a provision that says:

1. ” ALL INCUMBENT PUBLIC OFFICIALS FROM THE PRESIDENT DOWN TO THE BARANGAY LEVEL WILL NOT BENEFIT FROM THIS CHA-CHA”

2. “THE NEW CHARTER SHALL TAKE EFFECT ONLY AFTER THE LAST REMAINING ELECTED OFFICIAL HAS SERVED HIS/HER
ALLOWABLE TERM LIMITS UNDER THE PREVIOUS CHARTER HAS BEEN EXHAUSTED

UNQUOTE

I’m sure your chosen provisions will be taken up during the actual debates to amend the Constitution. For now, the plebiscite to amend the Constitution must be approved by the people first.

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am

April 7th, 2006 at 4:58 pm

Crucial to the percentage of approval to impeachment in the parliamentary system, is the two thirds majority vote. (Till now we don’t it is not clear what model of parliamentary systerm is being proposed) In a bicameral, presidential government, two thirds are needed for both houses. In the parliamentary system it is not very easy to gather two thirds since the votation in all practical purposes goes with party lines. Therefore it is obvious that GMA impeachment would be very difficult in the parliamentary systerm being proposed.

I agree very much with the respected constitionalist, Fr. Joachin Bernas, who presents and a constitutional impediment to this much publishized people’s initiative. Has this initiative a backing of an enabling law promulgated by the constitution? No.

Another: People’s initiative is only constitutional if it is for the ammendment, not revision of the constitution. To have a cha-cha from the presidential to parliamentary system of government is certainly a revision. To have cha-cha on the basis of people’s initiative is not constitutional.

Lastly, was the manner of collecting signatures enlightened? Was it done with transparency or a certain degree of trickery.

We need to ask for more information about the Tabuena Commission and study it. I hope that this website could supply its readers.

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