DAVAO CITY (MindaNews / 28 February) – Former President Rodrigo R. Duterte has changed his stance on Charter Change (ChaCha), saying he will support it for as long as the constitutional reforms will be limited to economic provisions and not to extend the term of the current President, Senators, and members of the House of Representatives.
During a press conference in Davao City Tuesday evening, Duterte urged ChaCha proponents to only propose changes to the economic provisions of the 1987 Constitution, otherwise he will oppose it.
He said changes to the charter must be “purely motivated to improve the interest of government and country,” and incumbent leaders should not take advantage of ChaCha to perpetuate themselves in power.
But Duterte said that should the proponents decide to propose political revisions to the 37-year-old charter, particularly the extension of the six-year term limit of the President, it must take effect after the term of President Ferdinand Marcos Jr., which will end on June 30, 2028.
He said Marcos must respect the one-term limit for President under the Constitution and “bind yourself to where you are or where you are placed.”
“Any changes that you may want to put forward for posterity, you may do so right now. You may begin with the legislation, then could lead up to the opening of the charter for changes or amendments. But it should be progressive, ibig kong sabihin, tayo ngayon (meaning those in power now should not benefit from it),” he said.
Duterte said the incumbent officials should just accept their “destiny” to serve only for the period the Constitution has allowed them to serve, and told them to not aspire for longer term limits by revising the country’s charter.
But he noted that if Congress convenes to revise the charter, there is no limitation as to what provisions can be changed, even including the non-economic provisions, “because when you open it up, it’s all for the taking. It’s really plenary. You cannot place restrictions.”
Duterte said it is easy for the incumbent President and his allies in Congress to revisit the charter and introduce reforms to any provisions because they have the resources of the government at their disposal.
But Duterte added that they should uphold democracy and allow the Filipino people to elect new leaders, particularly the President.
On January 28 during a “prayer rally here,” Duterte slammed the alleged people’s initiative to change the Constitution, accusing First Lady Liza Araneta Marcos and House Speaker Martin Romualdez, the President’s cousin, as behind such move to perpetuate themselves in power.
Duterte, the first and only Mindanawon who won the presidency, said Tuesday night that he is comfortable with a presidential type of government.
During a “Public Forum on Charter Change in commemoration of the 1986 EDSA People Power Revolution” at the MIC Cursillo House here last Sunday, retired Supreme Court Senior Associate Justice Antonio Carpio said that efforts to change the 1987 Philippine Constitution through people’s initiative would fail because it is “unconstitutional.”
He explained that the people’s initiative led by members of the House of Representatives violates the constitution.
Carpio said that under the fundamental law, an amendment through a people’s initiative must be “directly proposed by the people,” not by any members of Congress.
He said that it is not constitutionally possible for proponents to proceed with an initiative because the people’s initiative can introduce an “amendment” but not “revision.”
Explaining further, he said the Constitution cannot be “revised” through a people’s initiative, noting that it is “revision” if the scope of the changes is “so broad that substantial changes are made in several provisions of the Constitution” as compared with “amendment,” which introduces a simple change that does not “affect the basic or fundamental principles of the Constitution like the checks-and-balances or the separation of powers.”
He believed the proponents of the alleged people’s initiative sought to change the political structure – and not merely to change the economic provisions – to ultimately convert the system of government from presidential to parliamentary.
On June 29, the Commission on Elections suspended its proceedings on people’s initiative.
Carpio said the Philippines has “the most liberalized foreign investments law not only in Southeast Asia but also in the entire Asia.”
He said there is no need to amend the economic provisions of the Constitution to attract foreign investments.
Carpio urged the government to address the “real cause of the problem” that prevents foreign investors from entering the country such as high cost of power (electricity and fuel), bureaucratic regulations, “absence of rule of law,” and poor infrastructure. (Antonio L. Colina IV / MindaNews)
