By Raissa Robles
Whenever a people declare independence, the first thing they do is spell out their dreams and modes of behavior in a social contract.
President Gloria Macapagal-Arroyo would like to radically revise the social contract embedded in the 1987 Philippine Constitution.
Her proposed revisions would shut out World Boxing champion Manny Pacquiao from Congress along with the poor and marginalized sectors whose voices are now being heard through party list groups.
Her revisions were compiled four years ago when she commissioned 55 men and women to draft a new constitution using our tax money. This draft constitution made by her Constitutional Commission requires for the first time a college degree for all lawmakers, which Pacquiao doesn’t have. It also abolishes the present party list system that was put there to broaden democratic participation.
The vice-chairman of Mrs Arroyo’s Constitutional Commission is the same Victor Ortega who sponsored this June 2 House Resolution 1109 empowering the House to convene into a Constituent Assembly in order to amend the 1987 Constitution even without Senate participation.
Congressman Ortega chairs the Lower House committee on constitutional amendments and sponsored House Resolution 1109 on the chamber floor.
Thirty-eight years ago, Ortega was a delegate in the 1971 Constitutional Convention which provided the legal legs for Ferdinand Marcos’ dictatorship.
If the Constituent Assembly is convened, Ortega can simply produce on the floor the draft Constitution that he helped prepare for President Arroyo in 2005.
I bought a copy of that draft which was published by Constitutional Commission chairman Jose Abueva in a book with a green cover.
I was appalled when I read it.
Key provisions that made the 1987 Constitution a remarkable document had been excised. The 47 framers of the 1987 charter had managed to insert sections that diluted the interests of the rich and powerful elite. Not that the framers were against them. They simply believed everyone else should have a more equitable share of the economic and political pie.
The framers therefore wrote in a section that is absent in both the two previous Constitutions of 1935 and 1973. In Article 12 on “National Economy and Patrimony”, the first section states that “the goals of the national economy are a more equitable distribution of opportunities, income, and wealth.”
Nowhere does this section state that the primary goal for the nation’s economy is to achieve a record growth rate of 7% in gross domestic product, as what Mrs. Arroyo has been trumpeting as her achievement in the economic sphere.
Even as economic growth soared, the disparity in income and wealth has widened and economic opportunities are cornered by a select few.
The framers of the 1987 Constitution wanted certain sections to spell out in laborious detail the antidotes to correct what was terribly wrong in the country.
One of the problems they saw burdening the political system was the swarm of political dynasties. They therefore inserted in Article 2 on the “Declaration of Principles and State Policies” the following section: “The State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.”
Since the Constitution was ratified 22 years ago, Congress has failed to do its constitutional duty by enacting a law against dynasties. We now have in fact a plague of dynasties across a wide political spectrum. A brother and sister are in the Senate. The Lower House has two brothers, an uncle and an aunt all together. In southern Philippines, members of one clan occupy elective posts from councilor to mayor to governor.
What’s wrong with dynasties if they are all qualified and performing very well?
I’ll share with you a family secret. When I was a child, my late aunt Renata Agudo, who married a judge named Manuel Agudo from Batanes, periodically approached my father who was her brother for a loan.
She said she needed money to run for Congress. She promised to repay it as soon as she won. She told my father in all honesty – “Sa Kongreso, hindi ka kailangang gumawa. Ang pera ang lumalapit sa yo.” (In Congress, you don’t have to steal because money comes to you.)
Political dynasties monopolize this generous flow of money. Why not let others also have the same opportunity? Why should the same family corner it for decades?
When I was covering the Senate, Senator Vicente Paterno justified the pork barrel system as “the democratization of patronage.”
When relatives increasingly fill up elective posts, there is instead a concentration of patronage.
The heart of the Filipino social contract is in Article 2 of the Constitution containing the “Declaration of Principles and State Policies”.
Mrs. Arroyo’s Commission proposed to trim the sections from the present 28 sections to only 13. Among the sections they proposed to excise were the following:
Section 8 banning nuclear weapons in Philippine territory
Section 9 enjoining the State to “promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.”
Section 13 recognizing “the vital role of the youth in nation-building”
Section 15 enjoining the State to protect the health of its people
Section 16 enjoining the State to “protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.”
Section 17 enjoining the State to “give priority to education, science and techn0logy, arts, culture and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.”
Section 19 enjoining the State to “develop a self-reliant and independent national economy effectively controlled by Filipinos.”
Section 20 recognizing “the indispensable role of the private sector” and enjoining the State to provide incentives and investments
Section 21 enjoining the State to “promote comprehensive rural development and agrarian reform”
Section 22 enjoining the State to promote indigenous people’s rights
Section 23 encouraging NGOs that promote national welfare
Section 24 recognizing the vital role of communication and information in nation-building
Section 25 ensuring local government autonomy
Section 26 granting “equal access to opportunities for public service” and banning political dynasties “as may be defined by law”
And finally, Section 27 enjoining the State to maintain “honesty and integrity in the public service and take positive and effective measures against graft and corruption.”
All these sections were erased from the revised social contract that Mrs Arroyo tried to ram through a plebiscite that the Supreme Court ruled was fake.
Do you want that to happen again through a Constituent Assembly?
Just asking.